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I failed my assessment - now 'fit for work'!! HELP

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5 years 10 months ago #211870 by gremlin54
Hi, I've been in a WRAG group for over 5 years, moved to a new area in September and eventually had my assessment a few weeks ago and was shocked that the Decision Maker has categorised me as fit for work! I've had 7 foot ops, arthritis throughout my feet, my right knee, due to the new walking gait is very painful and my shoulders and neck now are so sore with arthritis they wake me up, so are often like a zombie the next day. I cannot take the usual painkilling medication as I am very sensitive to any opiate drugs. I do think the assessor skimmed over things I tried to tell her and she didn't take on board how much my pain affects my day to day living. I filled in my ESA50 form saying all of the above and said I couldn't walk far due to the pain in my feet - she kept saying, after asking me how far I could walk etc, Do you think 5 minutes is about right? I think now she was asking these leading questions to confuse me. I'm seeing my doctor on Monday to see if anything could be done about my shoulders, but I don't hold out much hope. And after seeing on here that doctors are being told not to issue fit note to those who are declared fit to work I am even more frightened that I will be forced to work.... this I know I couldn't do, so will no doubt be sanctioned! Any help or guidance will be very welcomed.

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5 years 10 months ago #211888 by Gordon
S

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



How di you qualify for the WRAG previously?

You mention walking, ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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5 years 10 months ago #211914 by gremlin54
Hi Gordon, Thanks for your reply. I have again today asked for a copy of the Decision Makers report as it was sent to me completely empty, was told it had failed to send. I had an assessment approx 6 years ago and because of my foot ops it was plain to see that I couldn't walk far. Nowadays , because all my complaints are arthritic related, my mobility has got worse, but the overpowering thing is the constant pain I am in. This is very debilitating, as you can appreciate. I have an appointment with my 'work coach' on Friday, so that should be very interesting. Once again,thanks for your reply Gordon. Regards, Sheila

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5 years 9 months ago #213658 by gremlin54
Hi, I have at last, after a considerable wait, got my Decision Makers form for me to study. I received 9 points for mobility but nothing for standing and sitting even though I am in pain constantly and cannot stand for very long before I have to shift position to try and ease the pain. Sitting in one chair is uncomfortable after a while as I seize up if in one position and I am always moving around in the chair, again to try and find a better position. I need there to be something near me to help me get up or a chair with arms, but it also puts an extra strain on my right shoulder which I am having more pain with lately. I also have restless legs syndrome which doesn't help. I have also had an x-ray on one of my feet as there is a new problem with it. Could mean another op on it. My shoulder problem is getting worse too (my right shoulder is under investigation at the moment) this is causing me to lose sleep as when I turn over or try and get a better position in bed it wakes me up, so I am very tired the next day. I know in my head what I want to say, but can you give me some guidance and how to phrase it when I go to the Job Centre to put in my Mandatory Reconsideration please? I have also emailed my local CAB to see if they can help too. Thanks in advance Kind Regards, Sheila

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5 years 9 months ago #213667 by Gordon
Gremlin

The Standing and Sitting activity looks at your ability to remain at a workstation, you can stand or sit or move between the two, the clock only stops when you have to move away from the workstation.

For your MR to be sccessful you need to show that your meet the crtiteria for an award, so whilst you have a range of problems you need to match these to the ESA Descriptors.

Start by going back through the ESA Claim guides and your ESA50 to make sure that you have explained your problems correctly, if you haven't then this would be something to document in your MR.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: gremlin54

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