Work capability assessment medical

Last week, after a medical for esa, i was unfortunate to been found capable of work which completly baffles me.

Brief medical history - Sorry its so long
Few years ago, i had a malignant tumour in my jaw, i had a 13 hour operation to remove the bone from my jaw - they replaced it with bone from my hip area. Ever since i have great physical problems with walking (require a crutch) and im suffering from depression because of the trauma, at the thought of it returning and plus how the operation has disfiguared my jaw.

At the medical the doctor did not discuss 1 aspect of my depression and how it preventing from going out, belone to work. I hate facing people because of how i look and feel.I have been on anti-depressant medication since my operation.
None of this was'nt discussed at all. She was just interested in my physical problems i.e can i text or write a letter, or did i fill my questionare in myself etc....

They sent me the reason why i was declined. ''I can move more than 200m with a crutch'' - I clearly stated in the questionarre i couldnt and i cant.

''Sit or stand in a place for more than a hour'' - i clearly cannot, its too painful. I also stated this in my questionarre

There are approx 18 questions on the sheet that i never even got asked at the medical so im baffled how she reached a decision for capable of work.
My depression wasnt even discussed at all.

Why did she reach to a decison i could walk 200m and sit for over a hour?
The medical was a hour long but i had no choice but to sit through it.
Also, is it wise to appeal in writting or get my dad to type it has they would use that as an excuse i can write a letter and communicate:-?

Any advice for my appeal would be appreciated

Craig
Jones wrote:

Last week, after a medical for esa, i was unfortunate to been found capable of work which completly baffles me.

Brief medical history - Sorry its so long
Few years ago, i had a malignant tumour in my jaw, i had a 13 hour operation to remove the bone from my jaw - they replaced it with bone from my hip area. Ever since i have great physical problems with walking (require a crutch) and im suffering from depression because of the trauma, at the thought of it returning and plus how the operation has disfiguared my jaw.

At the medical the doctor did not discuss 1 aspect of my depression and how it preventing from going out, belone to work. I hate facing people because of how i look and feel.I have been on anti-depressant medication since my operation.
None of this was'nt discussed at all. She was just interested in my physical problems i.e can i text or write a letter, or did i fill my questionare in myself etc....

They sent me the reason why i was declined. ''I can move more than 200m with a crutch'' - I clearly stated in the questionarre i couldnt and i cant.

''Sit or stand in a place for more than a hour'' - i clearly cannot, its too painful. I also stated this in my questionarre

There are approx 18 questions on the sheet that i never even got asked at the medical so im baffled how she reached a decision for capable of work.
My depression wasnt even discussed at all.

Why did she reach to a decison i could walk 200m and sit for over a hour?
The medical was a hour long but i had no choice but to sit through it.
Also, is it wise to appeal in writting or get my dad to type it has they would use that as an excuse i can write a letter and communicate:-?

Any advice for my appeal would be appreciated

Hi,

Although we cannot answer queries specific to individual claims, please see the Employment and Support Allowance Appeals Guide accessible from the following page:

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

which explains the appeals system and lays out ones options.

Pete

THnak you so much pete for that link...
Do they even take depression into consideration regarding ESA? Im baffled on how she was not interested in that side of my health

Craig
Jones wrote:

THnak you so much pete for that link...
Do they even take depression into consideration regarding ESA? Im baffled on how she was not interested in that side of my health

Hi,

If you read the guide entitled 'Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment'. which is accessible from the link I gave in your first post, it explains the points awarded for certain aspects of mental health problems which could fall within the overall spectrum of 'depression'.

As Depression can affect different people in different ways, it is the breakdown of behaviours that the descriptors relate to, not just the overall depression term.

Pete

Hi Craig
from what you say in your post it sounds like you have got good grounds for appeal,you may already know this but the ESA appeals guide Nov 11 in B W guides are excellent,i am just starting the appeals process.

Goo d Luck Mike

Craig - i can only imagine how let down you feel by what sounds like a very poor assessment, especially if they did not carry out the mental health part. You describe suffering with long-standing depression, and state that you have been on anti-depressant medication since your operation.

I wonder if your GP was asked to complete an ESA 113 form? If you haven't already done so, i would request a copy of your medical and any other information recommended in these guides, including the GP form.

You may have to complete the initial appeal form before you receive this info as you only have a month to do so - then expand on your reasons for appealing when you have received and had time to digest it all.

It is important to establish which descriptors apply to you, paying attention to whether you feel you meet just the WRAG ones or whether you meet any of the support group criteria as well.

Clearly any additional supportive medical evidence such as from your GP, can only help.

I think it is entirely up to you whether you write the appeal yourself or ask your father to type it (indicating he has done so). It would be totally out of order to find you fit for work because you are able to write an appeal letter yourself.

Really sorry you are having to go through all this - fingers crossed a reconsideration (which a decision-maker carries out as part of the appeal proces) leads to them changing their decision, saving you the added distress of a very drawn out appeal.

Best wishes