- Posts: 46
× Members
WCA and bereavement
- Eleanor
- Topic Author
- Offline
Less More
4 years 5 months ago #239824 by Eleanor
Replied by Eleanor on topic WCA and bereavement
So I wrote to DWP and I wrote to HAAS and emailed the letters. Got a letter back 2 days before the funeral saying my request for a home based assessment was being reviewed (I didn't ask for a home based assessment, my GP asked for a paper based assessement) and the date was vacated. Then got another letter with a new WCA date at the assessment centre for 2 weeks time even though I said I couldn't do anything until after 29th due to an ongoing court case until then.
I got through the funeral but still having anxiety attacks. Anyway looks like I still have to go to the assessment centre. The thing I am most scared about with it, is if they decide to do any kind of physical examination as I cannot bear to be touched or examined in some areas due to pain this leaves me with afterwards (fibromyalgia and nerve damage) and I once had a really bad physical examination for industrial injures benefit that completely traumatised me - caused me anxiety of medical examinations generally at the time.
Can I refuse to be physically examined?
I got through the funeral but still having anxiety attacks. Anyway looks like I still have to go to the assessment centre. The thing I am most scared about with it, is if they decide to do any kind of physical examination as I cannot bear to be touched or examined in some areas due to pain this leaves me with afterwards (fibromyalgia and nerve damage) and I once had a really bad physical examination for industrial injures benefit that completely traumatised me - caused me anxiety of medical examinations generally at the time.
Can I refuse to be physically examined?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 7278
4 years 5 months ago #239830 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic WCA and bereavement
Hi Eleanor
I have never known an assessor to physically examin anyone, they may ask you to bend or raise your arm above your head, grip their hand or stand on one leg, if you cannot do any of these then politely refuse and explain why you cannot do it. If it causes you pain then don't do it.
The whole purpose of the assessment is to look at your limitations and how your disability affects you. This is why those with mental disabilities are usually found fit for work or awarded zero points for PIP as the assessor is looking for physical disabilities and not mental disabilities.
Have a look at our 'Members Only Guide' Guide to PIP claims and reviews page 75
Gary
I have never known an assessor to physically examin anyone, they may ask you to bend or raise your arm above your head, grip their hand or stand on one leg, if you cannot do any of these then politely refuse and explain why you cannot do it. If it causes you pain then don't do it.
The whole purpose of the assessment is to look at your limitations and how your disability affects you. This is why those with mental disabilities are usually found fit for work or awarded zero points for PIP as the assessor is looking for physical disabilities and not mental disabilities.
Have a look at our 'Members Only Guide' Guide to PIP claims and reviews page 75
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Eleanor
- Topic Author
- Offline
Less More
- Posts: 46
4 years 5 months ago #239835 by Eleanor
Replied by Eleanor on topic WCA and bereavement
Thank you. I think it would be a good idea to ask for my assessment to be recorded, especially as I can't find anyone to go with me that day. I can't remember how to do this. Do I write to HAAS again/email them or ring them. Think it should be in writing. Can't take my own recording equipment due to problems with carrying things and weights.
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 7278
4 years 5 months ago #239842 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic WCA and bereavement
Hi Eleanor
For PIP, it is the claimant’s responsibility to record the session if they want it done.
You need permission in advance from the Assessment Provider.
It needs to be made to two tapes or CDs simultaneously.
You cannot use a digital recorder such as a mobile phone.
A member has reported problems if the media is not new, so make sure that the tapes or CDs are still shrink-wrapped and opened in the presence of the assessor.
You need to give one of the recordings to the assessor.
Most members have used two relatively cheap cassette recorders, check that they record without a problem, some have used external microphones.
Gary
For PIP, it is the claimant’s responsibility to record the session if they want it done.
You need permission in advance from the Assessment Provider.
It needs to be made to two tapes or CDs simultaneously.
You cannot use a digital recorder such as a mobile phone.
A member has reported problems if the media is not new, so make sure that the tapes or CDs are still shrink-wrapped and opened in the presence of the assessor.
You need to give one of the recordings to the assessor.
Most members have used two relatively cheap cassette recorders, check that they record without a problem, some have used external microphones.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Eleanor
- Topic Author
- Offline
Less More
- Posts: 46
4 years 5 months ago #239895 by Eleanor
Replied by Eleanor on topic WCA and bereavement
Thank you. My application is for ESA. I have found the sample letter in the guides and was going to send that, but am a bit apprehensive as it sounds quite heavy, saying I will complain to my MP and says if recording isn't possible I want a later date (when I've already had it changed once) or to use my own recording equipment. I am apprehensive that I am sounding heavy after already asking for a paper based assessment (which was ignored) and it might look like I am just trying to get out of things or delay them. Although maybe I shouldn't worry about that.
Is that letter still the recommended one to send or have things changed recently?
Is that letter still the recommended one to send or have things changed recently?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
4 years 5 months ago #239902 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WCA and bereavement
Eleanor
This is still the recommended letter, the tone is simply because it is a formal request to have the assessment recorded.
The DWP have told Maximus/HAAS that they should provide recording facilities when requested by the claimant, you are just reminding them of this commitment.
Gordon
This is still the recommended letter, the tone is simply because it is a formal request to have the assessment recorded.
The DWP have told Maximus/HAAS that they should provide recording facilities when requested by the claimant, you are just reminding them of this commitment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris