Scored Zero - Denied ESA - Appealing

I do hope this post is relevant to this particular forum. If it is not, please point me in the right direction and I will post it under the appropriate heading. I apologise now if this post is a long, but please persevere, I'm at my wits' end.

I wish I'd come across this site before completing the GL50! I underwent a Work Capability Assessment (WCA) on 19 October 2011. A month later a reply came back to say that my last payment of Incapacity Benefit will be paid into my bank account on 13th December 2011. The letter also informed me that I do not qualify for Employment and Support Allowance. I scored zero on all counts during the WCA! The assessor, a registered medical nurse, didn't listen to a word I said - or rather - I believe she formed her own opinions and entered them into LiMA as she saw fit. I claim IB for mental health reasons, Atos must know this. I was assessed in the early 2000s and by a real doctor who had great experience as a GP before he retired. During my WCA in October there was no mental health professional present. I'm dumbfounded and even afraid that the assessor Atos is using in the centre I attended has no experience in mental health; I did enquire while we were introducing ourselves on the day as to her vocational background. To my surprise, she did oblige and said that during her nurse training she did a bit of psychiatric training. I digress, my apologies.

Thankfully, before I submitted my appeal, I came across this site and I have now subscribed to it. On reflection though, and after the appeal has been posted, I believe the additional information I attached to the GL24 form is too detailed and I think I appear to be too well informed (or perhaps not well enough informed which either way may reflect negatively on my claim). I'm a perfectionist (as far as my standards go that is) and I went over and over my cover letter before sending. Anyone with any idea of how debilitating an over attention to detail is will see the signs, but I doubt such a professional will be looking at my appeal. All I can do now is wait for a response to my appeal which I sent recorded delivery on 6 December; I've tracked the envelope and it arrived in Aberdeen BC on 7 December 2011.

If there is anyone in this forum who can offer me some advice on the way forward I will be very, very grateful. I will return the favour by posting my future experiences and offer any help or advice that arise from those experiences. Going back a couple of sentences: I am very worried that I've perhaps said too much in the additional information I attached to the GL24. Please advise - anyone.


Moderator Edit - As you are a new member I have allowed your post to stand. In future as per the forum FAQ's point 5 could you not post excessively long posts such as this. Please keep them brief and to the point.

Also please note, again as per the forum FAQ's we cannot answer individual claim specific posts as we are not an on demand welfare rights service. We can only give answers in general as to how the system should work - see:

www.benefitsandwork.co.uk/faq/forum-faq#appear

Pete17971
pp Moderating Team.

Hi Pete. Thank you for your advice. Future posts will not be as long. May I add... Error: Above it says: I wish I'd come across this site before completing the GL50! SORRY - Should have read ...ESA50... Thanks for allowing this lengthy post. Appreciated.

Leigh wrote:

I do hope this post is relevant to this particular forum. If it is not, please point me in the right direction and I will post it under the appropriate heading. I apologise now if this post is a long, but please persevere, I'm at my wits' end.

I wish I'd come across this site before completing the GL50! I underwent a Work Capability Assessment (WCA) on 19 October 2011. A month later a reply came back to say that my last payment of Incapacity Benefit will be paid into my bank account on 13th December 2011. The letter also informed me that I do not qualify for Employment and Support Allowance. I scored zero on all counts during the WCA! The assessor, a registered medical nurse, didn't listen to a word I said - or rather - I believe she formed her own opinions and entered them into LiMA as she saw fit. I claim IB for mental health reasons, Atos must know this. I was assessed in the early 2000s and by a real doctor who had great experience as a GP before he retired. During my WCA in October there was no mental health professional present. I'm dumbfounded and even afraid that the assessor Atos is using in the centre I attended has no experience in mental health; I did enquire while we were introducing ourselves on the day as to her vocational background. To my surprise, she did oblige and said that during her nurse training she did a bit of psychiatric training. I digress, my apologies.

Thankfully, before I submitted my appeal, I came across this site and I have now subscribed to it. On reflection though, and after the appeal has been posted, I believe the additional information I attached to the GL24 form is too detailed and I think I appear to be too well informed (or perhaps not well enough informed which either way may reflect negatively on my claim). I'm a perfectionist (as far as my standards go that is) and I went over and over my cover letter before sending. Anyone with any idea of how debilitating an over attention to detail is will see the signs, but I doubt such a professional will be looking at my appeal. All I can do now is wait for a response to my appeal which I sent recorded delivery on 6 December; I've tracked the envelope and it arrived in Aberdeen BC on 7 December 2011.

If there is anyone in this forum who can offer me some advice on the way forward I will be very, very grateful. I will return the favour by posting my future experiences and offer any help or advice that arise from those experiences. Going back a couple of sentences: I am very worried that I've perhaps said too much in the additional information I attached to the GL24. Please advise - anyone.



Moderator Edit - As you are a new member I have allowed your post to stand. In future as per the forum FAQ's point 5 could you not post excessively long posts such as this. Please keep them brief and to the point.

Also please note, again as per the forum FAQ's we cannot answer individual claim specific posts as we are not an on demand welfare rights service. We can only give answers in general as to how the system should work - see:

www.benefitsandwork.co.uk/faq/forum-faq#appear

Pete17971
pp Moderating Team.

The fact you have been on IB for so long is really irrelevant as in order to be awarded ESA in the Work Related Activity Group (WRAG)) one much reach a certain number of points (15) under new descriptors which are radically different to those used under the former Incapacity Benefit. To be placed into the Support Group, as well as the points just mentioned, one must further meet one of the specific Support Group descriptors

Please see the guides to 'Understanding ESA' and also 'Being transferred from Incapacity Benefit to ESA' in the members are here:

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

There is also a revised copy of the 'ESA Appeals' guide in the same link.

The Approved Disability Analyst (as the ATOS staff who conduct the Work Capability Assessments are now known) can be a doctor, nurse, physio etc. Only in very very limited circumstances must it be a Doctor, however from what you have posted that would not seem applicable in your case.

As you have already posted in your GL24 with other evidence, your claim will noe be reconsidered by another Decision Maker. If the decision cannot be changed then your claim will be sent to the Tribunal Service and you will receive a copy of all the evidence the DWP have used in making their decision.

If you have further evidence to add, it would be worthwhile submitting it asap.

Obviously without having had sight of your submission we cannot comment about the depth of any evidence supplied etc. However in general the more evidence supplied (and the better the quality and relative 'weight' of it) the better the outcome should be as it can give the Decision Maker a better insight into ones capabilities etc.

Really all you can now do is wait until you hear how the reconsideration has gone.

Pete