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Failed WCA assessment, decision maker suggested I appeal

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19 hours 57 minutes ago #315524 by Kev
Hi David. This is a funny coincidence as I also have two letters from 2013 and another from 2017 in which my consultant and GP both directly quoted regulation 29 and said in their opinion my physical health would be detrimentally affected if I was not found to have limited capability for work. It's also how I won my tribunal in 2013 and in 2017 was successful first time around as I once again had to reduce down to part time hours. As my own cancer was 1999 to 2001 I haven't wanted to ask my current respiratory consultant or GP as I didn't think I needed them as I thought I had enough evidence with my historic evidence alongside 3 occ health reports and up to date lung function test results from April this year.
The decision make told me over the phone that although my evidence was substantial she couldn't override the assessor as her report was made just a week ago and my letters were historic, and my latest Occ health report from March this year.

My problem is because I have three times come off of benefits to attempt full time work, the last time in 2024, which I sustained until February this year.

I have to say this experience is putting me off every trying again. They say people have a right to try but that has not been my experience over the years.
The following user(s) said Thank You: denby

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5 hours 44 minutes ago #315531 by David
Hi Kev

Thanks for sharing your feelings and I hope the DWP will approach this issue sensitively.

David

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

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