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Can I be exempted from the WCA due to extreme distress/suicidal thoughts?

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11 months 1 week ago #285619 by Scared
For people who are on ESA for mental health, are there any exemptions to having to have the work capability assessment? I am so upset about it I am hardly functioning and cried all through my group therapy yesterday and could not speak. I don't think I am up to this. Is there any way I can get out of it? I had a medical for PIP within the year so I don't know why they cannot just use that.

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11 months 1 week ago #285621 by BIS
Hi Scared

I'm sorry that this is causing you so much distress, and I hope you have some support. Please reach out to the Samaritans if needed. 116 123.

You can put in a request asking them to do a paper-based assessment. It would help if you could provide evidence from a medical professional (GP, mental health worker) that says a telephone/video or face-to-face assessment would have a detrimental impact on your mental health. Unfortunately, they don't have to comply with your request - but you can certainly try.

With regard to having been assessed for PIP and the DWP using that information - PIP and ESA requirements/criteria are not the same, and although they have talked for some time about combining assessments that has not yet happened. You could however, use some of the information from the PIP assessment report.

BIS

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Scared

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11 months 1 week ago #285624 by Scared
Thanks. In terms of the letter asking for a paper based assessment, 1.) are there any magic words that need to be used? helpful phrases or information to be included? 2) Is a paper based assessment any more likely to affect the decision one way or another?
Thanks.

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11 months 1 week ago #285634 by BIS
Hi Scared

No, there's no special wording. For PIP people use the phrase overwhelming psychological distress and I know some people use the same phrase. Your letter doesn't have to be long - you just need to explain why you're asking for a paper-based decision.

If you're asking for a paper-based decision, you have to be certain that you have given the DWP sufficient information for the outcome you're seeking. The disadvantage can be that they may have to rely on your paper evidence. However, be aware even with a paper-based decision an assessor can contact a claimant if they wish to clarify something. I can't tell you whether your chances of getting the outcome you want is more likely or less likely.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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