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Told Im fit for work

Posted , 4 users are following.

linda34709
linda34709

Hi I have COPD was diagnosed just over 4 year ago, I applied for ESA and got told I was fit for work so appealed and won, been on ESA for 4 years now then had to go for another assesment which again they are saying Im fit for work! Only this time the so called health proffessional didnt even finish the assesment as I took a really bad coughing fit and had an accident (I have problems with my bladder as well). She said I could go to the loo to change and didnt need to go back so didnt do the excercise part of the assesment. Ive been told I got 0 points how can they make a decision without doing the full assesment, I will be appealing but has anyone else had this problem?

0 likes, 15 replies

15 Replies

  • anthony97723
    anthony97723 linda34709

    Posted

    Hi Linda

    HCP makes their assessments based on number criteria which include the physical assessment. They also review your paperwork and how you walk into the assessment, sit and answer questions. In short it is possible for them to come to a decision without the physical examination, although this does open up a route to appeal the decision.

    If I were you I would contact the DWP and ask for a copy of the HCP assessment. From that you can challenge the HCP opinion through a Mandatory Reconsideration.

    Things have changed since you last appealed in that you must ask for a MR before moving on to the Tribunal route. Also you don’t get paid ESA whilst the appeal is ongoing you need to apply for JSA.

    • linda34709
      linda34709 anthony97723

      Posted

      Hi Im waiting for the letter from them, then will be ringing them, I told the assessment woman how difficult it was to get around and have a chair lift to get up and down stairs also have a mobility car, she also saw how difficult it was for me to walk to the room. Its so frustrating as my Son drive for me as I cant drive and had to take the day off work to take me there.
    • anthony97723
      anthony97723 linda34709

      Posted

      Linda I'm stunned as you have described half a dozen symptoms which would fit descriptors well enough to make the Support Group.

      As Les & Ivan have stated match your symptoms to the descriptors when making the MR.

      Best of luck.

    • linda34709
      linda34709 anthony97723

      Posted

      Thanx I will, I'll know better when I get the letter in what was said, it should be a interesting read as she didnt finish the assessment.

  • ivan17274
    ivan17274 linda34709

    Posted

    hi Linda.

    bit baffled by your post.you say you won appeal.so what have you been back for?was the appeal sometime ago?anyway.that is outrageous what they've done.

    have you explained to dwp what happened.ive not heard of that treatment before.the depths they'll sink to.

    part of your esa application centres on personal stuff like what happened to you.shouldve worked in favour.

    good luck with claim.all the best.ivan.

    • linda34709
      linda34709 ivan17274

      Posted

      Yes I won my appeal 4 years ago, whats so frustating is with COPD you dont get better you get worse with time, which I have, hence why I got moved from an upstairs flat to a house with a chairlift and wet room. I will fight this, was just a shock. Three of their Assessment people called in sick that day so they were running an hour behind and ended up sending some people home, which is why I think the "Nurse" said she had all she needed as it would havnt me a while to get to the loo's and back after my accident.

    • les59996
      les59996 linda34709

      Posted

      .....whats so frustating is with COPD you dont get better you get worse with time.....

      Chronic conditions including chronic life threatening ones that reduce your lifespan considerably are no reason to award either ESA or PIP.

      Both benefits are based purely on you being able to fit enough descriptors with your difficulties and get enough points.

      As a matter of interest you would go straight into the Support Group of ESA if you could not get something out of a top pocket of a jacket or shirt/top. I have an acquired brain injury (mental health) as well as life threatening chronic conditions, but like you I had one hell of a job getting ESA. Why? Because I failed to show/fit my difficulties to the descriptors. Eventually they moved me to the Support Group for 3 years. My health didn't change, just the way I worded my letter of appeal made all of the difference.

    • linda34709
      linda34709 les59996

      Posted

      Thanx, I understand that, hopefully I will get the letter explaining things tomorrow and find out what was put as it will be interesting what she wrote for the part I didnt do.
  • linda34709
    linda34709

    Posted

    Well got my letter somethings in thit I didnt even say and other bits were missed off, put in for a MR so see what happens.
  • sharon44455
    sharon44455 linda34709

    Posted

    Hi Linda,

    I suffer from really bad depression social anxiety and ocd, I too am in receipt of esa but the work related benefit.

    I had a recent medical assessment several weeks ago with a young lady who's recent profession was a nurse. She made me feel so uncomfortable with her cold manner. She asked me the usual questions that were related to my illness and I answered accordingly.

    She wasn't as thorough as the previous medical examiner was a few years ago. One week later I received the letter I was dreading and to my amazement I had been taken off this benefit as I did not fit the "criteria ".

    I was absolutely fuming. My illness has not changed in the slightest in a long long time. My husband came to the medical with me and as soon as we left he said to me, your not going to get that benefit any longer just going of her attitude. I have other health issues too many to go into on here.

    I contacted my local citizens advice beuro, she was confident that I could win my appeal as like I've already said my illness had not changed for the better at all. I too had a score of 0

    I couldn't believe what I were reading. She had put that I can walk unaided, which was never the problem

    Also that I can make a sandwich, which I obviously can and that wasn't the problem oh and also that I got there on time! I have no physical problems it's all mental health problems I have apart from two other conditions I suffer from. I've know problem with my physical health.

    So infuriating, she also told me that I can go on a higher dose of the antidepressants that my phsyciatrist put me on, I'm on the highest. So Linda I'm now wait to hear from dwp medical . The lady who is dealing with this from the cab said they are asked to look at their decision again and she told me they won't change it then an appeal is the next step.

    Good look Linda it's going to be a long process x

    • les59996
      les59996 sharon44455

      Posted

      So infuriating, she also told me that I can go on a higher dose of the antidepressants that my phsyciatrist put me on, I'm on the highest.

      I had two assessments (of many), one for ESA and the other for IIDB which resulted in similar reports.

      For my mental health aspect the ESA report said that I was not and had never suffered from a mental illness - funny really, I had been discharged from a secure unit under Section only weeks earlier and for the IIDB claim, a doctor reported that he had never heard of the drugs I had been prescribed by my consultant pyschiatrist for PTSD, depression and anxiety!!!!

    • linda34709
      linda34709 sharon44455

      Posted

      Its so frustrating, they seem to write what the want I wonder if they get commision for everyone they kick off!
  • linda34709
    linda34709

    Posted

    Hi Just to let you know I won my tribunal on 29/11/2016 been put in the support group, still waiting for my money to get sorted though
    • linda34709
      linda34709 anthony97723

      Posted

       Thanx,well the award says no review or something for 2 years so fingers crossed, just waiting now for them to tell me to apply for PIP as Im getting DLA at the moment then no dout I'll have to go through it all over again with them.

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