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WCA Assessment
- Michaelq
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5 years 1 month ago #227003 by Michaelq
WCA Assessment was created by Michaelq
Just had the result of my F2F assessment giving me no points. Its taken them 3 months to decide on this. I have had chronic back pain for the last 10 years, had all the treatments available and am now advised that the only option is to treat the pain. I am now on morphine and other painkillers. Due to this i was forced to retire from a job i loved after 19 years at the same place. the most inconsiderate part of the assessment is and I quote " The decision maker has considered that a wheelchair could be obtained through the NHS wheelchair service to allow Mr* to mobilise so he could engage in the labour market".
Do these people live in the real world. Who is going to employ a person that is over 60, is reliant on morphine to control pain, cant guarantee that he will be able to get out of bed to get to work. Oh and will need help getting around as his back pain will make it impossible to move his wheelchair. Can they let me know of the paces that do that so i can work. I've been made to feel like a scrounger even though i have worked all my life until forced to retire.
Do these people live in the real world. Who is going to employ a person that is over 60, is reliant on morphine to control pain, cant guarantee that he will be able to get out of bed to get to work. Oh and will need help getting around as his back pain will make it impossible to move his wheelchair. Can they let me know of the paces that do that so i can work. I've been made to feel like a scrounger even though i have worked all my life until forced to retire.
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- Gordon
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5 years 1 month ago #227007 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WCA Assessment
M
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'm sorry to hear that your claim has failed, unfortunately, it is not about whether you will be employed but whether you could be employed. The wheelchair is a legitimate aid for the Mobilising activity.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report, it's an ESA85, if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'm sorry to hear that your claim has failed, unfortunately, it is not about whether you will be employed but whether you could be employed. The wheelchair is a legitimate aid for the Mobilising activity.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report, it's an ESA85, if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Michaelq
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5 years 1 month ago #227009 by Michaelq
Replied by Michaelq on topic WCA Assessment
Thanks Gordon noticed the id and changed it. The advise is noted and i'll get the appeal going and request the relivant documents/
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