DWP " Medical " Assesment :(

rbradley89

Thank you for all your reply's, I have a feeling im going to be in for a bumpy ride.

So I need to contact Welfare Rights tomorrow when I have finished with my GP? do I need to get a letter from the counselling agency who did an assessment of me a few weeks back?

I don't have a phone at the moment but does Welfare Rights have a contact email address?


Any more advice will be greatly appreciated.

andyandflo

rbradley89 wrote: »

Thank you for all your reply's, I have a feeling im going to be in for a bumpy ride.

So I need to contact Welfare Rights tomorrow when I have finished with my GP? do I need to get a letter from the counselling agency who did an assessment of me a few weeks back?

I don't have a phone at the moment but does Welfare Rights have a contact email address?


Any more advice will be greatly appreciated.

I gave up with my appeal - it was too stressful!
More and more seem to be doing the same. It is not just worth it to put yourself through all of this - you can claim JSA instead.

speedfreek1000

andyandflo wrote: »

I gave up with my appeal - it was too stressful!
More and more seem to be doing the same. It is not just worth it to put yourself through all of this - you can claim JSA instead.

That's a may be claim JSA as strangely because you are to ill to work you will not qualify :rotfl:

Andy just because you gave up doesn't mean that you should encourage others to follow suit.

OP you're going about this the right way.

They may have an email address; google search or your councils website are good places to look for help.

Wait until you secure help as you may qualify for legal assistance as part of it. Some doctors/consultants will charge for reports which are paid for under this scheme.

As much evidence as you can possibly get from as many sources. It has to be in the correct format

Have a look here for more info

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/turned-down-for-dla-aa-think-youre-not-getting-enough/the-process-html,638,FP.html

http://www.mssociety.org.uk/get_involved/policy_campaigns/key_issues/benefits_and_work/esa_appeals.html

Good luck and get assistance as soon as possible.

andyandflo

speedfreek1000 wrote: »

That's a may be claim JSA as strangely because you are to ill to work you will not qualify :rotfl:

Andy just because you gave up doesn't mean that you should encourage others to follow suit.

OP you're going about this the right way.

They may have an email address; google search or your councils website are good places to look for help.

Wait until you secure help as you may qualify for legal assistance as part of it. Some doctors/consultants will charge for reports which are paid for under this scheme.

As much evidence as you can possibly get from as many sources. It has to be in the correct format

Have a look here for more info

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/turned-down-for-dla-aa-think-youre-not-getting-enough/the-process-html,638,FP.html

http://www.mssociety.org.uk/get_involved/policy_campaigns/key_issues/benefits_and_work/esa_appeals.html

Good luck and get assistance as soon as possible.

Ummm thanks for that comment. Having failed the medical for ESA, the DWP tell you that you have the option to claim JSA! They can't have it both ways. I had very few problems claiming it. They know you are ill and that you have been signed off by the GP, but that doesn't get away from the point that failing the medical means that you are fit to do some work.

It's a far far better system than having all of the worry and stress heaped on you in trying to overturn a decision that you might or might not win!

Obviously if people wish to put themselves through all of that, then that is their choice. I know I couldn't carry on with it and after reading some posts on this site, I see that it is now becoming reality for many others closing down their own appeals.

As for not encouraging others to do like I did, what you are encouraging people to do is to create more stress and worry!

cit_k

andyandflo wrote: »

They know you are ill and that you have been signed off by the GP, but that doesn't get away from the point that failing the medical means that you are fit to do some work.

No, it means they *think* you are fit to do some work, it does not have to mean you ARE fit to do some work.

Thats why the appeals process (and the legal system) exists.

The DWP will even tell you that you can claim JSA whilst you are appealing, proving that they do not care that you are disputing you are to ill to work (and many people do win at tribunal).

andyandflo wrote: »

It's a far far better system than having all of the worry and stress heaped on you in trying to overturn a decision that you might or might not win!

Obviously if people wish to put themselves through all of that, then that is their choice. I know I couldn't carry on with it and after reading some posts on this site, I see that it is now becoming reality for many others closing down their own appeals.

As for not encouraging others to do like I did, what you are encouraging people to do is to create more stress and worry!

Its a personal decision, what is right for one may not be right for another. I sound like different strokes theme music now...

What is more stressful, going to an appeal, or having to apply for jobs, visit the jobcentre on a regular basis, and after a period of time, go on full time work training/placement schemes on a regular basis?

Consider the fact many people are ill, and cannot comply with the JSA regime, and will be sanctioned, losing benefit...

andyandflo

cit_k wrote: »

No, it means they *think* you are fit to do some work, it does not have to mean you ARE fit to do some work.

Thats why the appeals process (and the legal system) exists.

The DWP will even tell you that you can claim JSA whilst you are appealing, proving that they do not care that you are disputing you are to ill to work (and many people do win at tribunal).




Its a personal decision, what is right for one may not be right for another. I sound like different strokes theme music now...

What is more stressful, going to an appeal, or having to apply for jobs, visit the jobcentre on a regular basis, and after a period of time, go on full time work training/placement schemes on a regular basis?

Consider the fact many people are ill, and cannot comply with the JSA regime, and will be sanctioned, losing benefit...

I am not trying to be obnoxious, and maybe my wording is slightly incorrect. I have been through all of this over the past few weeks when applying for JSA.
To be precise, the DWP say "after attending a medical assessment, it has been decided you do not have any limited capability for work"

Now to a layman and I have argued this with the JC+, this means that I have been found not to have any limited capability. In other words - am fit for work! - not maybe, might or could - definitely given the descriptors and the medical assessment - are fit for work!!
Now where does the fact that they have said that they think you can't work, come from?

The DWP then go on to say that you have a choice if you want to appeal against their decision and/or claim JSA. I would refer you to the notes on page 5 of form ESA65, which state that when claiming JSA, the JC+ will take into account any disability or illness before giving advice on how to secure employment.

That all seems simple to me as it does to the JC+. You sign on every two weeks, and they help you find employment that will fit in with any disability or illness. You will not be sanctioned if the JSA agreement includes all of the things that might make it difficult to work at some jobs.

I apply for jobs I think I might be able to do, and see the JC+ lady every 14 days with a list of what I have done. I am not stupid to think that there are jobs out there - maybe being ill - there will never be a job, but hell it beats all that agro in working up to an appeal hearing in the knowledge that some weeks later if you are lucky to win, you will have to fill out another ESA50, attend another medical and possibly another appeal!!!! Yee gods that's enough to finish anybody.

cit_k

andyandflo wrote: »

I am not trying to be obnoxious, and maybe my wording is slightly incorrect. I have been through all of this over the past few weeks when applying for JSA.
To be precise, the DWP say "after attending a medical assessment, it has been decided you do not have any limited capability for work"

Now to a layman and I have argued this with the JC+, this means that I have been found not to have any limited capability. In other words - am fit for work! - not maybe, might or could - definitely given the descriptors and the medical assessment - are fit for work!!
Now where does the fact that they have said that they think you can't work, come from?

The DWP then go on to say that you have a choice if you want to appeal against their decision and/or claim JSA. I would refer you to the notes on page 5 of form ESA65, which state that when claiming JSA, the JC+ will take into account any disability or illness before giving advice on how to secure employment.

That all seems simple to me as it does to the JC+. You sign on every two weeks, and they help you find employment that will fit in with any disability or illness. You will not be sanctioned if the JSA agreement includes all of the things that might make it difficult to work at some jobs.

I apply for jobs I think I might be able to do, and see the JC+ lady every 14 days with a list of what I have done. I am not stupid to think that there are jobs out there - maybe being ill - there will never be a job, but hell it beats all that agro in working up to an appeal hearing in the knowledge that some weeks later if you are lucky to win, you will have to fill out another ESA50, attend another medical and possibly another appeal!!!! Yee gods that's enough to finish anybody.

The 'think' comes from the fact the DWP *know* they could be wrong, hence why you are allowed to appeal.

If they knew for a fact someone was capable of work, then there would be no appeal allowed.

But as they dont know for sure, there is room for appeal.

I would have little faith in them taking into account illness or disability, seeing as the medical 'professionals' they hire dont take it into account. If the pro's cant, then an untrained person has less chance.

Saying that though, the DWP have admitted to me that they will basically give an easy ride to those appealing if they claim JSA.

In other words, condoning fraudulent claims, as they know people are not fit for work, but the system stinks.

cit_k

andyandflo wrote: »

but hell it beats all that agro in working up to an appeal hearing in the knowledge that some weeks later if you are lucky to win, you will have to fill out another ESA50, attend another medical and possibly another appeal!!!! Yee gods that's enough to finish anybody.

Yes, that bit is hell.

Last one I won, they called me in three months after winning to start the process again.

andyandflo

cit_k wrote: »

The 'think' comes from the fact the DWP *know* they could be wrong, hence why you are allowed to appeal.

If they knew for a fact someone was capable of work, then there would be no appeal allowed.

But as they dont know for sure, there is room for appeal.

I would have little faith in them taking into account illness or disability, seeing as the medical 'professionals' they hire dont take it into account. If the pro's cant, then an untrained person has less chance.

Saying that though, the DWP have admitted to me that they will basically give an easy ride to those appealing if they claim JSA.

In other words, condoning fraudulent claims, as they know people are not fit for work, but the system stinks.

Sorry, but it has nothing to do with the DWP thinking or knowing they may be wrong that they accept appeals.

Appeals are there to overturn a decision that has been made based on good evidence available at the time from all related parties and sources. If evidence wasn't submitted or tested, or a proper application completed, then you will find that whilst the decision is right, it would appear to be unfair given the evidence not seen by the DWP.

Just the same as somebody being convicted of murder only to be released years later when additional evidence becomes available that wasn't available when the first decision was made (ie DNA).

It is not that the first decision is wrong it's that there is now more evidence that can sway the decision maker to change his/her mind.

andyandflo

cit_k wrote: »

Yes, that bit is hell.

Last one I won, they called me in three months after winning to start the process again.

But seriously then why do you put yourself through it?
Claiming JSA would be a lot easier.