Awful work capability Assesment …

slou33

My sister had her work capability Assesment.
She doesn’t go out except to GP.
She has self harmed,she lives alone and Is in a mess.
She explained how she can’t go to unfamiliar places and feels safe at the GP surgery because she has had the same doctor for years.
She then asks her if she has had the covid jab ? My sister has asthma and went to the GP surgery for it with our dad.

The assessor then said “so that unfamiliar place was okay?”
She didn’t even get the chance to explain.
She is now hysterical thinking getting her jab has ruined her life.
She isn’t fit for work and spent the whole Assesment crying to the Lady.

can they use the covid jab against her?

poppy12345

It would be impossible to speculate anything at this stage. The assessment process is extremely stressful, even for those that don't suffer with anxiety and stress.

Once the decision's been made if she's not happy she can request the MR.

Spoonie_Turtle

Oh dear.  If the assessor uses it against her and the decision maker just goes with the report, it will thankfully be very easy to explain why it's wrong in an MR (going to a place with someone, once, for something so important is no indication of what they can normally do). 

I do recall you mentioning your sister in another thread but can't remember what advice was given; if she does need to do an MR it should be focused on what descriptors she meets and why. 

The aftermath of the WCA would be further evidence if the regulation about risk of harm applies to her, though.

prettyparanoia

Wow, I have my assessment coming up soon and this makes me nervous. They really try to catch you out and trick you into confessing you're not that sick or something? I've been lucky so far with my illness and getting help i.e with PIP but I'm so scared for this work capability assessment. 

TELLIT01

From what the OP says, attending the GP surgery for a Covid jab is not "travelling to an unfamiliar place".  The surgery is a place she is familiar with and feels OK at.

slou33

She was given LCW not LCWRA which I feel she needs and fits the descriptors of.
I am going to help her do a MR and then if no change (which I’m guessing they won’t change ) then we will appeal it.

poppy12345

TELLIT01 said:

From what the OP says, attending the GP surgery for a Covid jab is not "travelling to an unfamiliar place".  The surgery is a place she is familiar with and feels OK at.

Although familiar/unfamiliar places are both related to PIP following and planning a journey descriptors.

Robbie64

I think it is bad form for the assessor to use the fact that someone attended a medical appointment (whether at a familiair or unfamiliar place) in this way. It's the same as an assessor using the fact a claimant attended a face to face ESA WCA as proof they can get to unfamiliar places. There is guidance about the difference between someone attending a one off appointment out of necessity (medical, DWP ec) compared with someone attending work on a daily basis, unfortunately I can't find it. The guidance was that attending one off appointments out of necessity shouldn't be used as proof a person can get to places, either familiar or unfamiliar.

Alice_Holt

Robbie64 said:

I think it is bad form for the assessor to use the fact that someone attended a medical appointment (whether at a familiair or unfamiliar place) in this way. It's the same as an assessor using the fact a claimant attended a face to face ESA WCA as proof they can get to unfamiliar places. There is guidance about the difference between someone attending a one off appointment out of necessity (medical, DWP ec) compared with someone attending work on a daily basis, unfortunately I can't find it. The guidance was that attending one off appointments out of necessity shouldn't be used as proof a person can get to places, either familiar or unfamiliar.

     Agreed.

       Another instance of an assessor / DWP decision maker ignoring established case law, and bending facts to support the award.

     The OP may wish to use your last sentence on their MR.

poppy12345

There's 2 threads with similar questions from the same person and it's very confusing trying to keep up with them both.

slou33

I’m so sorry I wasn’t thinking clearly when I made the other thread.
I stupidly created another instead of adding info to already started thread
my apologies