Kicked off Incapacity....Need help.

rogerblack

cuddlycaz wrote: »

That's it, a reassessment for ESA. We got a mixture of me and hubbys Incapacity and daughter and grand-daughters Income Support in one payment. Went for a DWP medical in August, doctor could barely speak english, when he asked me to do this and that, I told him I couldn't because it hurt too much. He wrote on the form that i refused to do anything he asked me to!.

Several issues here.

If you have refused to cooperate at the medical, or not turned up you can be not granted anything until the appeal.
This is what's happened. (presumably)

First - call ATOS, ( 0800 288 8777 ) and make a complaint about the way you were treated, and ask about complaints procedure, and how to get them to look again at your medical.

They can internally review medicals.

Do _NOT_ raise your voice, or say 'the doctor could barely speak English' - you want to keep it as reasonable as you can - people phoning up slagging off the doctors are probably common - so 'I had problems understanding the doctors accent' - for example.

Secondly - you need to get a copy of the report made for ESA.
This can either be from ATOS (unsure if they will), or the DWP.
Find errors in this, that you can easily point out - ideally from documents they already hold.
Your complete record may be of use - http://www.dwp.gov.uk/privacy-policy/data-protection/ . This is free, though may take 40 days. You want your complete IB and ESA records.

http://www.dwp.gov.uk/docs/wca-handbook.pdf This is the handbook the doctor should have been working to.
See the 4th paragraph on page 52 "pain must be avoided ... claimant should be advised to inform the HCP if any movement is uncomfortable, and any further attempts to move that limb/spine to be avoided"

Did they simply write 'claimant would not cooperate' - or did they write something like 'claimant claims to have pain, and would not cooperate during the examination, but the pain claimed is not consistent with the diagnosis'.

The first is much easier to challenge than the second.

For anyone else reading this - if asked to do anything, try, and then report the pain, and stop at the point it's painful.
This is the 'safe' way, and you can't be (if they follow the rules) penalised for this.
If you don't attempt it at all, you run the risk of being seen as non-cooperating.

As I understand it, an alternative route to getting some money would be a claim in your husbands name for ESA (assuming he's of working age).
This would initially be at the assessment rate, but it's more than nothing, and is generally payable fairly fast.

Have you considered if DLA is appropriate - either for your daughter, yourself or you?
In some cases, this may be payable quickly, though it's likely in your case they will use the ESA medical against you.

I'd ask the DWP if there is any way to get another medical ASAP, this way - even if you fail it - you will be entitled to the assessment rate during appeal.

I assume the medical was within the last month or so - in which case you can't claim as a fresh claim untill 6 months is up.
Good luck.

As a last resort, a JSA claim during the appeal, if you can't get ESA back into payment will not prejudice your ESA claim.

paddedjohn

welshmoneylover wrote: »

She is entitled to claim support from the child's father.

Is she doing so?

see post #7