Failled Incapacity assesment

Horseunderwater

I must be the only ill person in the country then who managed to pass a WCA first time then with no appealing necessary.
The main problem with the majority of people who have until now been on incapacity benefit is that the way these 2 benefits work are so different that when a person is transferred to ESA - they do not understand that. Just because somebody 20 years ago had a bad back and could not do one form of work that they had been doing since they left school does not necessarily mean they cannot do another type of work now. These people were never reassessed during all that time and so now they are having to face upto a system that is doing exactly that, so that when they fail as many are doing, they state that the whole thing is unfair and biased, so they appeal and win. I am not saying that the ESA 85/85A's do not have inconsistancies that may be outright lies, but it could also be the way that people answer the questions that are asked. What many do not understand is that this benefit is purely a descriptor based one and if you meet one or more of those descriptors and score at least 15 points then you pass that medical as unfit to work at that time, although you have the opportunity to perhaps learn other skills that could be used to eventually return to work after some time in the WRAG - but with the other group (limited capability to work)Support group - if you meet one of the descriptors in there then not only do you pass but you do not need to go and seek work or train up to do work. With myself at the time - I met 3 support group descriptors - the most famous one being the imaginary wheelchair. I was given a push and pull test at the WCA as I have an illness that is incurable and means that I have weakness in my arms, so cannot lift stuff up let alone push something like a wheelchair along and I am 24 stone, which is partly to do with steroids and other medical problems I have. And up until October last year I was managing to still go out and do my permitted work of 12 hours - I am hoping that the problems with my legs will get better and that I can go back to it again - it is only 12 hours a week, but doing it is at times a huge struggle. I am also lucky to have an employer who is understanding about all this. Not many do. When you consider that I used to do this same job for 90 hours a week back in the day and I pushed myself very hard to do that as the hourly wage was awful back then £4.23 hour in 1998 no NMW. Other jobs were £6/hr at the time, but I could not get one of those - I had tried and tried for well over 15 months to do that and I ended up doing something very different indeed. Bus driving - I used to work in an office doing clerical stuff and was exceptionally good at it. I am now still bus driving, but off work due to a leg infection and nerve pain. The painkillers I take mean I cannot drive and the pain is so bad at times that I have wanted to chop my legs off, but I carry on regardless hoping that I can get better.

rogerblack

Seye wrote: »

I totally understand what you are saying, here's the problem in the job I do I deal with many people a who are customers I have not heard 1 person yet who has passed the assessment without having to appeal.

Umm...
You must only see self-selected people.

A large number of people pass the WCA without having to appeal.
Around half of people are found entitled to ESA without appealing.
This is however misleading - some of the half who do not qualify are those who have stopped claiming as they've got better, or who agree they are fit for work.

Villa198

my wife is due for her medical soon, are you allowed to have a friend or relative with you at the examination ?

rogerblack

Villa198 wrote: »

my wife is due for her medical soon, are you allowed to have a friend or relative with you at the examination ?

Yes.
They can even take notes if they choose.
The HCP will want to talk to the claimant, not the helper though.

flight747

Always bring your video recording too for proof by ATOS not listen to you or bullying .

sunnyone

Horseunderwater wrote: »

I must be the only ill person in the country then who managed to pass a WCA first time then with no appealing necessary.
The main problem with the majority of people who have until now been on incapacity benefit is that the way these 2 benefits work are so different that when a person is transferred to ESA - they do not understand that. Just because somebody 20 years ago had a bad back and could not do one form of work that they had been doing since they left school does not necessarily mean they cannot do another type of work now. These people were never reassessed during all that time and so now they are having to face upto a system that is doing exactly that, so that when they fail as many are doing, they state that the whole thing is unfair and biased, so they appeal and win. I am not saying that the ESA 85/85A's do not have inconsistancies that may be outright lies, but it could also be the way that people answer the questions that are asked. What many do not understand is that this benefit is purely a descriptor based one and if you meet one or more of those descriptors and score at least 15 points then you pass that medical as unfit to work at that time, although you have the opportunity to perhaps learn other skills that could be used to eventually return to work after some time in the WRAG - but with the other group (limited capability to work)Support group - if you meet one of the descriptors in there then not only do you pass but you do not need to go and seek work or train up to do work. With myself at the time - I met 3 support group descriptors - the most famous one being the imaginary wheelchair. I was given a push and pull test at the WCA as I have an illness that is incurable and means that I have weakness in my arms, so cannot lift stuff up let alone push something like a wheelchair along and I am 24 stone, which is partly to do with steroids and other medical problems I have. And up until October last year I was managing to still go out and do my permitted work of 12 hours - I am hoping that the problems with my legs will get better and that I can go back to it again - it is only 12 hours a week, but doing it is at times a huge struggle. I am also lucky to have an employer who is understanding about all this. Not many do. When you consider that I used to do this same job for 90 hours a week back in the day and I pushed myself very hard to do that as the hourly wage was awful back then £4.23 hour in 1998 no NMW. Other jobs were £6/hr at the time, but I could not get one of those - I had tried and tried for well over 15 months to do that and I ended up doing something very different indeed. Bus driving - I used to work in an office doing clerical stuff and was exceptionally good at it. I am now still bus driving, but off work due to a leg infection and nerve pain. The painkillers I take mean I cannot drive and the pain is so bad at times that I have wanted to chop my legs off, but I carry on regardless hoping that I can get better.

If your post was broken up into readable paragraphs I might agree with you on some points....................

only_mee

I recently failed the ESA so I'm appealing.
During this time my DLA was awarded HRM and LRC

Seye

rogerblack wrote: »

Umm...
You must only see self-selected people.

A large number of people pass the WCA without having to appeal.
Around half of people are found entitled to ESA without appealing.
This is however misleading - some of the half who do not qualify are those who have stopped claiming as they've got better, or who agree they are fit for work.

I see where you are coming from and agree that you don't always hear the good stories, but now when I saw my wife's report it was very distorted which was very worrying. I might also add it was the same at her last assessment as well until we wrote to them, stating the points that were down right nonsense and wrong fortunately it then got over turned fingers crossed this time.

Seye

Horseunderwater wrote: »

I must be the only ill person in the country then who managed to pass a WCA first time then with no appealing necessary.
The main problem with the majority of people who have until now been on incapacity benefit is that the way these 2 benefits work are so different that when a person is transferred to ESA - they do not understand that. Just because somebody 20 years ago had a bad back and could not do one form of work that they had been doing since they left school does not necessarily mean they cannot do another type of work now. These people were never reassessed during all that time and so now they are having to face upto a system that is doing exactly that, so that when they fail as many are doing, they state that the whole thing is unfair and biased, so they appeal and win. I am not saying that the ESA 85/85A's do not have inconsistancies that may be outright lies, but it could also be the way that people answer the questions that are asked. What many do not understand is that this benefit is purely a descriptor based one and if you meet one or more of those descriptors and score at least 15 points then you pass that medical as unfit to work at that time, although you have the opportunity to perhaps learn other skills that could be used to eventually return to work after some time in the WRAG - but with the other group (limited capability to work)Support group - if you meet one of the descriptors in there then not only do you pass but you do not need to go and seek work or train up to do work. With myself at the time - I met 3 support group descriptors - the most famous one being the imaginary wheelchair. I was given a push and pull test at the WCA as I have an illness that is incurable and means that I have weakness in my arms, so cannot lift stuff up let alone push something like a wheelchair along and I am 24 stone, which is partly to do with steroids and other medical problems I have. And up until October last year I was managing to still go out and do my permitted work of 12 hours - I am hoping that the problems with my legs will get better and that I can go back to it again - it is only 12 hours a week, but doing it is at times a huge struggle. I am also lucky to have an employer who is understanding about all this. Not many do. When you consider that I used to do this same job for 90 hours a week back in the day and I pushed myself very hard to do that as the hourly wage was awful back then £4.23 hour in 1998 no NMW. Other jobs were £6/hr at the time, but I could not get one of those - I had tried and tried for well over 15 months to do that and I ended up doing something very different indeed. Bus driving - I used to work in an office doing clerical stuff and was exceptionally good at it. I am now still bus driving, but off work due to a leg infection and nerve pain. The painkillers I take mean I cannot drive and the pain is so bad at times that I have wanted to chop my legs off, but I carry on regardless hoping that I can get better.

Thanks for sharing your story hope are feeling allot better soon.

gemini12

I failed my first assessment for ESA but when I appealed I went through the report point by point correcting the errors and was awarded it with no problem.