Work Capability Assessment Scoring

WhiteKnight53

My 63 year old wife was sacked from her long-standing job as a carer following a malicious complaint by a disgruntled ex-colleague. She won her case for Unfair & Wrongful dismissal - but was still without a job at the end of it.
She was initially given ESA but this was withdrawn earlier this year following a WCA in Ipswich at which she scored 0 / 15 and this finding was upheld by a Mandatory Reconsideration (MR).
She is a member of an award self-help group in Bury St Edmunds. All of the members show were receiving ESA and had it stopped following a WCA were also assessed as 0 / 15. (There is one exception, a younger man who had his WCA done sometime ago and in the north of England - not Suffolk).
What are other people's experiences with WCA 'zero scoring' and MR rejections ? Is there a wider pattern ?
Thanks in advance for replies and any additional information.

sangie595

WhiteKnight53 wrote: »

My 63 year old wife was sacked from her long-standing job as a carer following a malicious complaint by a disgruntled ex-colleague. She won her case for Unfair & Wrongful dismissal - but was still without a job at the end of it.
She was initially given ESA but this was withdrawn earlier this year following a WCA in Ipswich at which she scored 0 / 15 and this finding was upheld by a Mandatory Reconsideration (MR).
She is a member of an award self-help group in Bury St Edmunds. All of the members show were receiving ESA and had it stopped following a WCA were also assessed as 0 / 15. (There is one exception, a younger man who had his WCA done sometime ago and in the north of England - not Suffolk).
What are other people's experiences with WCA 'zero scoring' and MR rejections ? Is there a wider pattern ?
Thanks in advance for replies and any additional information.

I'm not seeing the connection. Why does her unfair dismissal have anything to do with whether she qualifies for ESA? ESA should be about your capability for work, not the reason you aren't in work. If she isn't fit for work then she needs to appeal. My understanding is that MR's rarely overturn the decisions.

SamsReturn

Your wife needs to appeal. You can go to somewhere like the CAB foe advice.
This is a good site with members who have good knowledge of benefits.....
http://www.consumeractiongroup.co.uk/forum/register.php?
Click on ..Work & Social

NeilCr

MRs don't often overturn decisions - especially those where the WCA scores 0. Did you get help with the form completion?

You do have more chance of success with an appeal but I would echo the post above and suggest you seek assistance from CAB or similar.

What illnesses/conditions does your wife have? To be honest you do tend to get those who have not got the award posting on self help groups/the Internet. Those who have had a good experience don't discuss it so much

You might want to post on the Benefits forum. There are good and experienced posters there - take account, in particular, of Alice Holt and epitome

WhiteKnight53

Perhaps I didn't explain that very well. I was trying to make the point that my wife was made unemployed - through no fault of her own - as the end of long, continuous working career.
She has numerous, long-standing, well-documented, mental and physical conditions that make it difficult for her to get another job of any sort at her age. Her GP signed her off as 'unfit for work' which is why she was given ESA in the first place.
But the real point I was trying to make is that not everyone in a very diverse group who were all receiving ESA can all score 0 / 15 when it comes to a WCA and then MR . . . and have that Benefit stopped as a result. There is something wrong here.

NeilCr

How many in the group?

As I said people tend to engage in groups/internet when they aren't getting what they may expect. I see quite a lot of ESA claimants - some get it, some don't, some score 0 etc etc etc

I'm not sure that the group that you mention is really representative of ESA claimants "as a whole"

The latest stats are here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/601874/esa-wca-summary-march-2017.pdf

pmlindyloo

WhiteKnight53 wrote: »

Perhaps I didn't explain that very well. I was trying to make the point that my wife was made unemployed - through no fault of her own - as the end of long, continuous working career.
She has numerous, long-standing, well-documented, mental and physical conditions that make it difficult for her to get another job of any sort at her age. Her GP signed her off as 'unfit for work' which is why she was given ESA in the first place.
But the real point I was trying to make is that not everyone in a very diverse group who were all receiving ESA can all score 0 / 15 when it comes to a WCA and then MR . . . and have that Benefit stopped as a result. There is something wrong here.

I can only comment on your wife's experience.

The bolded part of your post answers your question.

To be awarded ESA you need to meet the ESA descriptors. It is not about finding it difficult to get a job because of age or disabilities. It is about whether the claimant can do any work.

The fact that your wife worked before means that she is capable of working unless there has been a deterioration in her health.

The DWP is not interested in whether there are suitable jobs or whether your age would go against you. They are only interested in whether you meet the descriptors.

If your wife has been denied ESA then she can claim JSA (contribution based presumably) as she has been found fit for work.

Yes, the system is heavily flawed. Claimants are urged to get help with their applications from professionals as the professionals know what evidence is needed and how best to complete the application form.

NeilCr

pmlindyloo wrote: »

Yes, the system is heavily flawed. Claimants are urged to get help with their applications from professionals as the professionals know what evidence is needed and how best to complete the application form.

As ever, a good post from pmlindyloo

Just to pick out this part. For sure, the system is flawed. But, as she says elsewhere (and it's true of PIP too) a lot of people don't realise that it's about meeting the descriptors. There is an art to completing the forms - there is also an assumption that if your doctor signs you off then you will automatically get ESA. Sadly, it doesn't work like that

I do see why some claimants get 0 points. Some don't meet the descriptors. Some have unrealistic expectations

Others, unfortunately, don't get ESA even though they should. Although laborious, at least the appeal system is there. You can see from the stats I posted early how many appeals are upheld

sangie595

pmlindyloo wrote: »

I can only comment on your wife's experience.

The bolded part of your post answers your question.

To be awarded ESA you need to meet the ESA descriptors. It is not about finding it difficult to get a job because of age or disabilities. It is about whether the claimant can do any work.

The fact that your wife worked before means that she is capable of working unless there has been a deterioration in her health.

The DWP is not interested in whether there are suitable jobs or whether your age would go against you. They are only interested in whether you meet the descriptors.

If your wife has been denied ESA then she can claim JSA (contribution based presumably) as she has been found fit for work.

Yes, the system is heavily flawed. Claimants are urged to get help with their applications from professionals as the professionals know what evidence is needed and how best to complete the application form.

I'm not really in the know about benefits so much, but I would echo this. I interpreted what you said exactly the same way- that's why I asked. Having a disability doesn't make you unemployable. And being older doesn't make you unemployable. And before you think I'm having a go, I'm both older and disabled. But if you have come across in the same way in your application (or, in fact, if it is true and she isn't unfit for any work) then just having more challenges to get work is not a factor they take into account. That doesn't make you unfit for work.

I'd also suggest that if your only medical evidence of unfairness for work is the GP, well, to be honest half the world doesn't accept GP fit notes as all that critical these days. I'm afraid that GPs have become somewhat tainted by the tendency of some to hand out fit notes like candies. So if you have specialist support, it would be worth ensuring that they input into the decision.

IAmWales

Are the award self help group helping each other with their ESA50 form? If so, if they're following bad advice it could well account for the negative outcomes. That's the only thing the group have in common, the DWP are not failing everyone.

Your wife needs to look at the descriptors and explain how she fulfils them. Forget what other people are doing/ getting, and focus on her own claim.