Good News!

Dear EH, so sorry they have been so horrible to you and totally unreasonable. Please do consider fighting for your rights, we are all willing you on here. Anyway reading your posts, it looks like you have not got a copy of the assessors' report. It is worth calling to ask for that immediately on Monday.
If you just can't do the MR and probable Appeal afterwards yourself, there is one no-win, no-fee organisation who may be able to help. If you use them, better you get to keep 75% of any back pay and all of Higher going forward if they succeed than 100% of nothing . They are at www.disabilityrights.org.uk and very upfront about what they do. They were recommended by another lady on here a while ago who was extremely grateful to them. If that's what you want to do be quick contacting them though as time is short. Best wishes and don't let the b******s grind you down whatever you decide to do. Denby

Thank you everyone, I really appreciate it. After talking a lot with Samaritans this weekend and my GP yesterday I am a lot calmer and have started getting my information together for the Mandatory Reconsideration.

I don't have a copy of the Assessor's Report no, but I will try and get through to them today and ask for one. Given that my decision was dated 12th January 2021 and I only received it a few days ago, I don't hold much hope of the report reaching me before this Mandatory Reconsideration deadline. However it would be good to have for the tribunal. I did go through a tribunal a few years back for my ESA so I know a little of what to expect at least.

What I do have is a recording of the evidence I gave to the Capita Assessor on the phone. I don't have her side of it, as I was talking to her on my landline whilst recording with a different device, but it's been very handy to listen back to and remind myself of exactly what I told them. I am also going to get it transcribed as evidence for the tribunal.

Could I get people's advice on one of my questions please?

Washing and Bathing - Due to chronic pain and fatigue and a ruptured ligament in one of my knees, I gave them written evidence on my form and verbal evidence during the assessment about my difficulties bathing. I can't use a bath at all because I don't have the strength to get myself in and definitely out of it and my knee partially dislocates if any pressure is applied such as with kneeling. However, I can use the shower over the bath but I need to use two different grab rails, one above the bath and one opposite the bath, a step stool to help me get into the bath, a non slip mat, a high legged shower stool to sit on during the shower and then long handled brushes to wash.

Even with all that though I have still slipped and had falls. Due to which I explained to them that I try to shower when my son is home just incase I do seriously hurt myself and need assistance. Due to severe anxiety though I don't have another person helping me get in and out of the shower as it would make me feel extremely embarrassed and uncomfortable and I wouldn't want to wash at all.

Last time they gave me 3 points for needing assistance whereas this time I only got 2 points for needing an aid. However I feel, although I use aids, I am not doing it 'reliably' because there is always that risk of fall so I am not safe, it exhausts me and it takes me a long time, which is what I originally told them. Am I right to push for this?

I know it is an odd 1 point, but I am also fighting to get my 1 point back that I lost this time for Managing Therapy, because I use aids like Daily Compartment Pill Organisers and watch alarms so that I remember to take my medication and that I don't take too much.

EH

I have finally got all of my disagreements typed out ready to submit my Mandatory Reconsideration as well as a further letter of support from my doctor. I've also had my recording of the evidence I gave Capita during my Telephone Assessment Transcribed.

Is it worth me sending a copy of the Transcript along with my Mandatory Reconsideration? It only contains my side of the conversation and doesn't contain the Health Professionals. I wondered if it could be used as extra evidence?

EH

I do expect them to disregard it, but regardless it was all posted off earlier today. I am glad to have it done, so that I can have a bit of a reprieve before the appeal stage.

I did also contact my MP again last night as I never heard back from him the first time. Today I received a reply from someone on his behalf who is going to look in to my case, particularly concerning all the evidence I gave on my review form and telephone assessment that Capita and the DWP chose to ignore and the unfair treatment I have received.

Fingers crossed.

EH