ESA WCA SOON

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bub1

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ESA WCA SOON

  • on: 25 Oct 2015 04:50PM
Hi I have only recently joined so hello to everyone.
I have a assessment on the 6 November. I was due to have one on the 12 October but got there and they cancelled it.
How far back should I take my paperwork from. I have various health problems.
I have had 2 hip replacements last one may this year first one September last year. I have COPD, rheumatoid arthritis in elbows and hands. Carpel tunnel. I have just been diagnosed with Osteoarthritis of the left knee and I will also be staring pulmonary rehabilitation. I am just waiting for the start date to come through.
Any advice.
I do expect to fail so will be doing a MR if I do etc.

Thankyou

KizzyKazaer

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Re: ESA WCA SOON

  • on: 25 Oct 2015 04:59PM
Hi Bub1, welcome to OuchToo  :-)  Sorry to read you've been messed around with the face-to-face assessment with the last-minute cancellation >doh<

How far back should you go?  Well, if your paperwork consists of useful medical evidence like letters from doctors, specialists etc confirming the effect of your various conditions, I would be inclined to take all of it so the assessor(s) can get a sense of your long history of ill-health.  Good to know you're prepared to fight for your ESA if necessary, too - though let's hope it won't come to that  >x-fingers<

bub1

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Re: ESA WCA SOON

  • on: 25 Oct 2015 05:09PM
Thankyou. I failed my last one in April for ny other hip even though my second one was due to be done in may. I was in so much pain I did not have the strength to fight. This time I have.  When I got to the assessment centre they said there was not enough staff. So asked if you wanted an appointment for the following week I said no as I had appointments so it will be 3 weeks on from that which is November
My gp has written me another certificate which takes me to the 18 December. I can't stand for long and I cannot sit down on low chairs and even if the chair is right height I cannot sit for more than 30 mins this and I have 2 crutches. I also should find out on the 10 December what sort of op they will be doing on my left knee as I had an MRI to see what the damage is.

If I have to go to MR will I need to get a new certificate for jSA to start the new 13 week extended sickness.

Thankyou again

KizzyKazaer

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Re: ESA WCA SOON

  • on: 25 Oct 2015 05:25PM
I think there might be some recent changes to the process that I'm not quite up to speed on yet, so will need to get back to you on that, unless someone else beats me to it...

bub1

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Re: ESA WCA SOON

  • on: 25 Oct 2015 05:26PM
Thankyou  >biggrin<

KizzyKazaer

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Re: ESA WCA SOON

  • on: 25 Oct 2015 05:29PM
Oops - first a question is needed, are you receiving JSA at the moment or no benefit whatsoever?

bub1

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Re: ESA WCA SOON

  • on: 25 Oct 2015 05:31PM
Getting ESA assessment rate. Since April this year.

Monic1511

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Re: ESA WCA SOON

  • on: 25 Oct 2015 06:09PM
Hi Bub1

your ESA assessment really starts from the moment you leave the house, your assessment report will say something along the lines of claimant attended alone,  claimant walked 35 meters from waiting area to examination room with no obvious discomfort, could mobilise 200m.  Claimant sat in the waiting are for 45 minutes - no problems with sitting or standing.

Your counter to this is "how did you get here?  descibe the detail don't say "by bus" as that implies you sat on the bus for an hour, 
mobilising = do you use a stick, could you move your own wheelchair,  if you say your hands are bad watch what bag you have with you

re the medical certificates - your wca is on 6/11/15 if it is deceided you got less than 15 points then you will need to ask for the mandatory reconsideration, if you claim jobseekers you will also need to be careful what you put in the claimant committment for that.
Once you get a result of the MR if its still a no it will say that the decision dated (probably) 20/11/15 is correct and you can now appeal,   to get the appeal accepted you will then need a sickline all the way back to the decision date (the original one finding you fit)

just plan how your going to get through the WCA (medical) and then see what comes next. 
Don't say you can sit on an adapted chair for more than 30 minutes as that will mean that you could get a check out job >erm<.  the descriptor is sitting or standing  >doh<

I wouldn't tell the assessor what descriptors you think you meet and many of them don't look at evidence but expect you to pass it to the DWP as "a decision maker at the DWP will use the report of the WCA to make a decision" not the nurse/physio/doctor doing the assessment

good luck
Monic (sorry if thats confusing I confuse myself sometimes) ;-)
« Last Edit: 25 Oct 2015 07:49PM by Monic1511 »

Monic1511

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Re: ESA WCA SOON

  • on: 25 Oct 2015 07:57PM
Sorry, I can't get the post to edit on my tablet but if you do end up having to ask for a mandatory reconsideration your ESA will stop and you then have the choice of claiming JSA while waiting on the result of the mr or going without money while waiting on the result and when you get the result if it's still a no you can lodge an appeal, it's at this stage you need the backdated sick line to get your backdated ESA paid.

Some folk who have claimed JSA at this stage don't bother forcing dwp to reinstate the ESA as their tribunal will be heard in about a month and they know it's a hassle if they don't win the tribunal.
If they win the tribunal they supply a backdated sick line and their money is reinstated, if they lose then they are already on JSA and don't need to serve a 7day waiting period
My heid's hurting now  >lol< >lol< >lol< >steam<

Sunshine Meadows

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Re: ESA WCA SOON

  • on: 25 Oct 2015 09:57PM
Quote
Some folk who have claimed JSA at this stage don't bother forcing dwp to reinstate the ESA as their tribunal will be heard in about a month and they know it's a hassle if they don't win the tribunal. If they win the tribunal they supply a backdated sick line and their money is reinstated, if they lose then they are already on JSA and don't need to serve a 7day waiting period

It has certainly become more complicated since the DWP brought in Mandatory Reconsideration no wonder you head hurts.

Welcome to Ouch Too bub1,

There is a good factual guide for claiming ESA here http://www.disabilityrightsuk.org/work-capability-assessment

Have you already filled in a ESA50 and how recently? If the information you put on it is now out of date you might want to think about writing out more information and sending it to the DWP.

I suspect some focus will be put on whether or not treatment eg your hip operations have improved you capability for work so you will need to be thinking about the answers to questions like How far can you walk now? Having up to date medical reports, Consultant letters could help. It would be better if they were recent once and not included in the claim that failed in April - it sounds like they expected your first hip operation to improve you mobility. Did you get a ESA85A from the DWP when your last assessment failed - if you did the information on that might help you see which parts of your health and disabilities you need to focus on describing to the assessor.

On the link I gave it tells the you how many points it is possible to get for each activity, it is worth looking through and adding up how many points you think you might get. It is important that you give answers that are about you and your life and not about how you think it would be if you tried to do any particular job. The assessor might ask you for example of how you are day to day, For example do you watch daytime tv in which case your answer needs to include information on any pain and discomfort you feel and also whether you need to move.


 


Fiz

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Re: ESA WCA SOON

  • on: 26 Oct 2015 06:09AM
At my last WCA the doctor would only look at and read the most recent letter/piece of information. She said evidence should be sent to the dwp.

bub1

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Re: ESA WCA SOON

  • on: 26 Oct 2015 04:56PM
Have looked at Aprils paperwork and scored 6 points for walking. All my paperwork is recent from may this year. Esa50 filled in the end of may. Will be doing copies of paperwork to hand in and also going to send the same bundle to dwp.

Fiz

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Re: ESA WCA SOON

  • on: 26 Oct 2015 04:58PM
Very wise there bub, covering both bases.

bub1

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Re: ESA WCA SOON

  • on: 26 Oct 2015 05:18PM
Do I send before wca to dwp ir on day I have wca I am expecting more letters

Monic1511

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Re: ESA WCA SOON

  • on: 26 Oct 2015 08:09PM
Hi
If you have evidence then send it with the ESA50 to the dwp,  as Fiz said some assessors refuse to look at evidence during the WCA.

Best wishes
Monic