Found "capable of work" after dual nsESA & UC Work Capability Assessment

H Gary,

Thank you very much for your reply to me. That's quite comforting to hear that a lot (maybe all at the moment?) tribunals are done over the phone - I was picturing in my head having to turn up to some place looking like a courtroom, and I wasn't sure how I was going to be able to stand up while being questioned, or even sat down on a regular chair for more than a few minutes. The main crux of my argument against the WCA, and now mandatory reconsideration, is that my condition makes standing, and sitting in a regular chair very painful, and I doubt they would cater for me by providing a recliner chair!!

Just a rant here, but I still find it hard to believe that these assessors can make a judgement on how a medical condition affects someone, without giving an actual reason as to why they think the person they're assessing is wrong, especially when the assessment is over the phone. If someone has put in their UC50 or ESA50, "I cannot walk even 5 meters without extreme pain" for example, and then during the phone assessment when questioned they say the same thing again - what magical power gives these assessors the right to just ignore that, and not award relevant points? Seems very wrong to me, and I can only assume they get paid extra bonuses for refusing people help. I couldn't do that job, I don't know how they sleep at night.

Hi BIS,

Many thanks for the reply. In answer to your question about the assessors report, yes, I had a paper copy of her ESA85 'Medical Report Form' sent to me to go through before I sent in my CRMR1 mandatory reconsideration form.

Under the 'Lower Limb - Activity Outcomes', next to 'Activity 1' (mobilising unaided etc), her verdict was "None of the above apply". The same verdict was given for 'Activity 2' (standing and sitting). What's baffling about that is In her report, she put pretty much what I remember telling her, which I believe should have scored me enough to put me in the LCW category at least, and to be honest I thought i'd be put in the LCWRA group.
There were a couple of comments from her that I disagreed with. For instance, she said I can "sit continuously for 1.5 hours every day", and that I "get discomfort after 30 minutes and need to reposition". That was under the heading 'Lower Limb Supporting Medical Evidence'. In my MR form, I pointed out that this was incorrect, and that firstly, i'm not exactly "sitting", at least not with my back upright. I'm either sat, feet up on a stool with cushions behind my back so i'm reclined, or, sat in a recliner chair. So i'm not far off being lay down really, and when that becomes painful (around 30min), I don't reposition, I have to either lie down on the floor to do physio (with my wife's help, who is registered as my carer), or flat out on the couch till the pain subsides. I put all that in my MR CRMR1 reply.

The other thing I had to correct them on, was about me being able to use a wheelchair - I pointed out that I didn't mention it in my original ESA50 form, because that form doesn't ask you about equipment you don't usually use (i'm assuming the UC50 does). I then went into detail saying that I wouldn't be able to use one to any 'acceptable standard', as even with feet elevated, without my back reclined too, it would cause irritation in my hips that becomes extremely painful, very quickly.

None of the corrections I put in my MR form had any effect though - the verdict in my Mandatory Reconsideration Notice was simply "We have not changed our decision", and that "We have decided that you do not have limited capacity for work and can do some type of work". I would really like to see whoever made that decision try to do "some kind of work" while experiencing the pain that I live with every day - I don't believe they would be able to do it. There were no counter claims to anything i'd said, no "we don't believe you can't walk 50m" for example. It's almost as if those descriptors that they're supposed to use to make a judgement are irrelevant. At this point, I don't have much faith in the tribunal going in my favor, but I will go through with it as the assessor's verdict was wrong.

Hi BIS,

Thanks again for your help, it's very much appreciated. You've brought up some fantastic points there for me regarding letting them know how pain affects me, and how would I actually do any job being in that kind of pain. Looking through what I put in the ESA50, the CRMR1 and what was written in the medical report notes from the assessor, I feel I did emphasize those points. It's reassuring though to hear someone else say that those were important things to put down and explain to them.
As to what job they think I could do, something mentioned in the MR Notice under "How we make our decision" may be a clue - under "Using your hands" it said "examples include pressing a button on a telephone keypad, turning the pages of a book or picking up a small object like a £1 coin"....... So maybe they think I could (in great pain) lie down and answer a phone to people? It beggars belief, it really does.