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Work capability reassessment
- MrFibro
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4 years 10 months ago #248816 by MrFibro
Replied by MrFibro on topic Work capability reassessment
Hi Gordon,
If its legal to record a telephone conversation, then surely he assessor has no right to stop the claimant from recording and also not terminate the assessment.
This only proves to me that the assessor is dodgy and doesn't want to be caught out doing a bent assessment. And subsequently not telling the truth, leading to the claimant being kicked off their benefits.
In my view its about time people out there like top lawyers barristers etc and persons in government should be on our side, rather than against.
And to top the lot every time a new secretary of state gets the job a the boss of the DWP, that person is worser than the predecessor ie like coffee. You just couldn't make it up. These people must thrive on seeing people suffer.
If its legal to record a telephone conversation, then surely he assessor has no right to stop the claimant from recording and also not terminate the assessment.
This only proves to me that the assessor is dodgy and doesn't want to be caught out doing a bent assessment. And subsequently not telling the truth, leading to the claimant being kicked off their benefits.
In my view its about time people out there like top lawyers barristers etc and persons in government should be on our side, rather than against.
And to top the lot every time a new secretary of state gets the job a the boss of the DWP, that person is worser than the predecessor ie like coffee. You just couldn't make it up. These people must thrive on seeing people suffer.
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- Gordon
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4 years 10 months ago #248818 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Work capability reassessment
MrF
You have a right to make a recording but that does not mean that you can require someone to participate in that recording!
I'm sorry but I don't agree that it means that they are dodgy, I'm not saying that some are but to assume all are I think is a stretch too far.
Turning it around, some time ago we asked people who receive the newsletter if they wanted their assessments recorded, a surprisingly high number said no, would it be right for the DWP to assume that this was because they had something to hide about their disabilities? Of course not!
Gordon
You have a right to make a recording but that does not mean that you can require someone to participate in that recording!
I'm sorry but I don't agree that it means that they are dodgy, I'm not saying that some are but to assume all are I think is a stretch too far.
Turning it around, some time ago we asked people who receive the newsletter if they wanted their assessments recorded, a surprisingly high number said no, would it be right for the DWP to assume that this was because they had something to hide about their disabilities? Of course not!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Pj
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4 years 10 months ago #248919 by Pj
Replied by Pj on topic Work capability reassessment
Is it possible to be found fit for work when you have the enhanced amount for PIP .? This is coming from an anxiety point of view I'm afraid.
Absolutely terrified of all these re assessments
Absolutely terrified of all these re assessments
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4 years 10 months ago #248927 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Work capability reassessment
Pj
I'm afraid yes! You are being assessed on the ESA criteria, whether you have a PIP award may be a consideration but if you do not show you meet sufficient of the ESA Descriptors for an award then one will not be made even if you do have an Enhanced Daily Living and/or Mobility award.
Gordon
I'm afraid yes! You are being assessed on the ESA criteria, whether you have a PIP award may be a consideration but if you do not show you meet sufficient of the ESA Descriptors for an award then one will not be made even if you do have an Enhanced Daily Living and/or Mobility award.
Gordon
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- Pj
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4 years 10 months ago #248939 by Pj
Replied by Pj on topic Work capability reassessment
That kind of defies logic . If you can't wash yourself and dress yourself how on earth are you fit for work? Is it worth including my pip assessment as additional evidence?
I have a letter from my GP stating in her opinion I am not fit for any work activity and never will be. So I am hoping that this so letter will help?
What they put people through, it's so stressful
I have a letter from my GP stating in her opinion I am not fit for any work activity and never will be. So I am hoping that this so letter will help?
What they put people through, it's so stressful
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4 years 10 months ago #248940 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Work capability reassessment
Pj
Because ESA does not assess whether you are able to wash and dress, as I said it has its own criteria, there are some areas of overlap but even where there are, the actual criteria can still be quite different, there is a document in the ESA area that explains where we think there is a similarity between the two.
Yes, you can include information about your PIP award but you will need to show its relevance, you cannot assume that those assessing you will make the connection.
I'm afraid your GPs letter may not be the help that you expect unless they have explained their reasons in terms of the ESA Descriptors. Whilst in may seem counter-intuitive, this is not an assessment of whether you are fit for work, it considers whether you are able to complete a range of work related tasks, if you are unable to then a Decision on your ability to work will be made.
It is really important that you take off your PIP hat and put an ESA one, otherwise you risk not scoring because you have failed to address the relevant criteria.
Gordon
Because ESA does not assess whether you are able to wash and dress, as I said it has its own criteria, there are some areas of overlap but even where there are, the actual criteria can still be quite different, there is a document in the ESA area that explains where we think there is a similarity between the two.
Yes, you can include information about your PIP award but you will need to show its relevance, you cannot assume that those assessing you will make the connection.
I'm afraid your GPs letter may not be the help that you expect unless they have explained their reasons in terms of the ESA Descriptors. Whilst in may seem counter-intuitive, this is not an assessment of whether you are fit for work, it considers whether you are able to complete a range of work related tasks, if you are unable to then a Decision on your ability to work will be made.
It is really important that you take off your PIP hat and put an ESA one, otherwise you risk not scoring because you have failed to address the relevant criteria.
Gordon
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