ESA new claim

JaneDoeJohnDoe

When you go for your first "real" interview at JC you would be very sensible to describe to them your health conditions & then your Claimant commitment can be tailored to your needs. Reduction in distance to travel for job, number of hrs, type of work etc etc. YOU can say what you feel is suitable. Otherwise if you do not satisfy the CC you could be sanctioned if your health issues do in fact restrict your job search. If you were found "fit to work" by a HCP at a Atos (or similar) WCA appt then that "trumps" sick notes from GP. If you don't agree with decision of "fit to work" then you would have to ask for Mandatory reconsideration & if still no joy then appeal. But time limits apply.
:eek:

tazwhoever

I am wondering how can HCP overrule a specialist. There are many ESA claimants who commit suicide after declared 'fit for work' or die because of health condition.

allen35

tazwhoever wrote: »

I am wondering how can HCP overrule a specialist. There are many ESA claimants who commit suicide after declared 'fit for work' or die because of health condition.

A consultant's role is to diagnose and treat your condition.

A WCA is to determine regardless of your condition whether you are fit for any type of work with the symptoms you have.

That is why a lot of people get it wrong, it is not a medical, it is as it says, an assessment of your capability and not intended to contradict the consultant.

In reality If there are no MH problems a HCP can actually find you fit for work if you can pick up a phone and sit for longer than 30 minutes without difficulty and mobilise with the aid of a self propelled wheelchair.

Dan27

I have received a email this morning off my ESA adviser saying she has rearranged my appointment for sometime on Monday 16th March. I will attend this appointment as long as nothing else comes up to clash with it. In the meantime I may hear off the DWP to have my first work focused Interview. Which will more than likely be with the same adviser because she has put a note on my file to see me regularly. I am still awaiting WCA which I have been told can be a long wait.

rogerblack

allen35 wrote: »

A WCA is to determine regardless of your condition whether you are fit for any type of work with the symptoms you have.

It's really not.
It's even less than this.
The WCA is to determine if you meet one or more descriptors for ESA, and is used to determine if you are entitled to ESA.

ESA is not for people who can't do any work. This is what it was initially spun as, and what MPs often claim it is.

My common example is someone who due to a sports injury cannot place either arm into a upper shirt pocket, but can do every other task gets placed into the support group.

A claimant who uses a wheelchair, can't walk and can slowly wheel himself over 200m. He can only work for 90 minutes at a time before becoming utterly exhausted. He has difficulty conveying or understanding more than simple messages from strangers. Once every couple of months has a sudden accident where he loses control of his bowels. Can barely operate a washing machine. Several hours a day he can't cope with trying to talk to new people. is fit for work.

JaneDoeJohnDoe

HCP that do not fully understand a health condition & it's after affects from doing certain "tasks" should not be allowed to over-ride a consultant or a gp who deems you not fit for work. If the consequence of being found fit for work or able to do certain tasks means your health conditions worsens then you should be found not fit for work. Too many alleged hcp's think that if you can shall we say "move a box" that you are fit for work. Descriptor tasks are completed only if done repeatedly, safely, reliably - but most hcp's assume if you can do it (or something similar) once then you can do it all the bloody time. Total bull!