Work capability assessment, I scored 0 points.

Iwanttobefree

I was in the support group for ESA (contributory) and I had it stopped because I didn't score enough points (I have the letter stating that in front of me)

I'm not going round in circles, I suffer from health problems including mental health ones, hence my brain isn't always functioning as it should. Sure I've repeated things as I've tried to explain myself.

Many posts on here are when I was very stressed and not thinking clearly.

I'm not asking for advice at the moment, I'm simply keeping you all informed of the outcome.

I shall update after my appeal.

poppy12345

Iwanttobefree wrote: »

I was in the support group for ESA (contributory) and I had it stopped because I didn't score enough points (I have the letter stating that in front of me)

I'm not going round in circles, I suffer from health problems including mental health ones, hence my brain isn't always functioning as it should. Sure I've repeated things as I've tried to explain myself.

Many posts on here are when I was very stressed and not thinking clearly.

I'm not asking for advice at the moment, I'm simply keeping you all informed of the outcome.

I shall update after my appeal.

As clearly stated here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors being placed in the Support Group isn't about the points. It's about either 1 of those descriptors applying to you. So i advice you to concentrate on this or regulation 29/35, which i believe you've already been adviced this by Alice.

Iwanttobefree

Interesting thanks.

Re-reading my letter, it simply mentions me scoring no points for my Employment and support Allowance and the letter doesn't specifically mention the support group.

Anyway I've sent off my appeal and have used the info in the links Alice supplied, listing the ones I think I should have scored points on and showing my reasons why.

I will let you know what happens

Iwanttobefree

A quick update. As I'm awaiting my appeal, they have re-instated my ESA but at the £73 amount (backdated to the date they stopped it) so while I still cant afford to pay my creditors more than £1 a month each, at least I'm no longer having to borrow off of family to survive.

I've received the DWP comments to my tribunal appeal, it's as though I've been talking to a brick wall. They effectively ignored 99.99% of what I said.

They keep referring to the typical day I allegedly describe to the medical assessor when both I and my wife state I was never asked (and that most of it is 100% untrue)

They completely ignored the 9 actual typical days I sent in with my appeal.

As said before, my GP sent them my surgeons letter to prove that what the medical assessor said was wrong. she said I could bend 120 degrees, squat etc.

In the DWP comments to the appeal tribunal, they have ignored all that and simply said quote:

"The letter from his consultant surgeon states that 6 months after his knee surgery Mr XXX was mobilising fully weight bearing unaided without support and his surgeon was pleased with the outcome."

The DWP is twisting the reason the letter was sent (or selectively quoting) and by saying the surgeon is pleased with the outcome is implying that all is 100% well when that isn’t the case (as the rest of the letter confirms). What the DWP don't know is that the surgeon said to me that due to my long history (since I was 15) of knee problems, don't expect a knee replacement to give me full mobility, and if I get more than 30% of mobility back, it will be a bonus, he stressed he was doing the surgery for pain relief only.

As it is, I do have a lot more than 30% mobility back, hence of course he's pleased with the outcome, but the DWP response is simply 100% ignoring the entire reason the letter was sent.

I have just received an odd email from the DWP complaints team, here's part of it. cant post it all for confidentiality reasons

With regard to your complaint in respect of your Work Capabiity Assessment the following Decision Maker (DM) decision and your Universal Credit (UC) claim.

I have written to the Dispute Resolution Team (DRT) and to the Centre for Health and Disability Assessment (CHDA) for a response to the issues you have raised in relation to how the Healthcare Professional (HCP) and the DM dealt with the information that you had supplied. Once I have their response, I will be able to give you feedback from there on.

I have also made contact with Her Majesty’s Court and Tribunal Services (HMCTS) to find out what stage your appeal is at. They have confirmed that the appeal has been received and that the hearing will be held in XXXX. They have also advised me that they have 23 weeks from when an appeal is received and as they received your request 8 weeks ago, there is still a 15 week window for the hearing. Unfortunately, the Department cannot request that the appeal be heard sooner.

And go into a few other points.

All I've done is my mandatory reconsideration and my actual appeal, so not totally sure where this has come from.

I have sent a letter explaining my UC experience to the local labour party, Jeremy C. Teresa May, David Gauke, Vince Cable and a few others.

As is usual in any complaint I've ever made in my life, it's always the labour party (regardless of whether they are in power or not) that take the time to give a detailed response.

One thing that springs to mind. If my wife working 24 hrs at min wage reduced my UC to £0, they are effectively saying one person earning min wage 24 hrs a week is enough to support two.

Another way of looking at that would be we are being told that two people each working 24 hrs a week and each earning just £3.75 per hour, is enough to live off, pay all our bills and pay our mortgages.

No wonder the number of food banks is growing

Will keep you informed of the outcome

Iwanttobefree

A small update. Yesterday I saw a physio at my GP surgery to discuss my MRI results and the way forwards.

A very positive session.

He said that with what my body had been through both illness and operation wise, it was severely out of condition. He stressed he didn't mean I was sitting around being lazy, it was due to all I had been through, with my Chronic Fatigue and numerous operations, my body taking much longer than the average person takes to recuperate.

As I'm not sleeping well at night, instead of me falling asleep in the chair, when I feel tired, he wants me to go to bed and set the alarm for 2 hrs, and repeat again during the day if necessary.

He's given me various exercises to do.

He also wants me to start walking just 3 lamp posts worth (built up area,. lamp posts close together) , no matter how easy I find it, that's all he wants me to do at first and over the course of a year, gradually build it up until I can walk to the beach and back (about 1/2 mile) .

He stressed a few times that it will take about a year for my body to be in a fit enough condition mobility wise to be able to return to any sort of work. he said I might be ready in 9 months, I might not be ready until 15 months had past.

He also stressed that I probably wont be pain free although it's a possibility, but I should be able to walk and stand fine, and mobility shouldn't be a factor in whether I can work or not.

That was a very good outcome, light at the end of the tunnel. And while I do suffer from depression, it's made a LOT worse by financial problems and the thought that I never seem to be in a fit enough state to work, and obviously if I am able to walk fine, It will have a side effect of helping my depression.

So a good outlook.

That's both my GP and my physio who says in my current state I'm not fit enough to consider any sort of work.

Still waiting for my appeal date.

poppy12345

Iwanttobefree wrote: »

A small update. Yesterday I saw a physio at my GP surgery to discuss my MRI results and the way forwards.

A very positive session.

He said that with what my body had been through both illness and operation wise, it was severely out of condition. He stressed he didn't mean I was sitting around being lazy, it was due to all I had been through, with my Chronic Fatigue and numerous operations, my body taking much longer than the average person takes to recuperate.

As I'm not sleeping well at night, instead of me falling asleep in the chair, when I feel tired, he wants me to go to bed and set the alarm for 2 hrs, and repeat again during the day if necessary.

He's given me various exercises to do.

He also wants me to start walking just 3 lamp posts worth (built up area,. lamp posts close together) , no matter how easy I find it, that's all he wants me to do at first and over the course of a year, gradually build it up until I can walk to the beach and back (about 1/2 mile) .

He stressed a few times that it will take about a year for my body to be in a fit enough condition mobility wise to be able to return to any sort of work. he said I might be ready in 9 months, I might not be ready until 15 months had past.

He also stressed that I probably wont be pain free although it's a possibility, but I should be able to walk and stand fine, and mobility shouldn't be a factor in whether I can work or not.

That was a very good outcome, light at the end of the tunnel. And while I do suffer from depression, it's made a LOT worse by financial problems and the thought that I never seem to be in a fit enough state to work, and obviously if I am able to walk fine, It will have a side effect of helping my depression.

So a good outlook.

That's both my GP and my physio who says in my current state I'm not fit enough to consider any sort of work.

Still waiting for my appeal date.

Unfortunately, what a GP or physio think and what a Tribunal think maybe 2 different things. Good luck with your appeal.

Chickenlips

Having read this entire post, I too have a headache and am frustrated.

Here are the common themes that have come up:
- OP states that they want to work but that there are many health reasons preventing this.

- Posters have asked OP to consider what they CAN do rather than can't... OP has ignored this.

- Posters have suggested OP review the points criteria and see how they fit, rather than focus on illnesses. OP doesn't seem to want to do this (with the exception of one post where they kind of did).

- OP seems to spend more time focusing on complaints and arguments with the benefits office, rather than looking at ways to move forward. Perhaps a job responding to complaint letters/emails for a company might suit them? Provided they don't have to use a phone of course. Or on forums - given that OP doesn't have difficulty communicating via the internet.

Given your current financial situation and the possibility that you will not qualify for the benefits you are hoping to get, now might be the time to consider what you ARE able to do and look at jobs that meet that criteria. You are able to play an online game three days in a row and reply to this forum regularly, so something online and from home may be suitable - even if it's just a couple of hours a day.

borkid

@ penitent you said "I suffered from severe CFS/ME for many years and while thankfully that was cured after an operation (that I wanted them to do in the 90s but they refused saying budgets/age etc) a few years ago, but the one thing I haven't recovered from is short term memory problems. it was a lot worse when I had CFS, and it comes and goes at the moment, but when it happens, it's bad."

I'd like to know what operation cured ME my daughter's been suffering for years and the ME clinic has said there is nothing more that can be done.

w06

Penitent, not directly answering the question but a lot of computer based roles (from basic coding to complex programmer) tend to be home based in some sectors, look eg at stack exchange job section

borkid

Sorry penitent my mistake. Hope the OP gets back.