failed work capability assessment

hi as above, iv failed. Im stunned, there was so many inaccuracies in the assessors report. Some parts were actually downright lies. Iv received zero points. I understand i can now ask for a mandatory reconsideration and will have to apply for jsa in the meantime. can anyone tell me the best way to do this, ie should i do it by phone or in writing, ?.

I received my blue badge after a walking assessment which said i was virtually unable to walk, and a week before the esa assessment i was awarded pip for care, i am contesting the mobility part as i got only 8 points for that.

I dont really have any extra information that i havnt already given them from doctors etc, so really all i could add would be a letter pointing out the inconsistencies in the examiners letter. Ie he said i cope well with daily visits from my daughter, what i acutally told him was that my daughter comes twice a day to help me get up, washed and dressed, and makes me my meals.!

Please can someone who has been through this tell me what to do now and in what order. I live alone and my esa was my only income. Im assuming i have now lost my housing benefit and council tax benefit as well.

Im at an absolute loss as what to do next.

thank you.

12 Replies

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  • Get straight to citizens advice so sorry very upsetting for you , not been for anything like this so dont know procedures x

  • I've not had to deal with benefits, but my brother has for a few years and I know how they don't listen, get things wrong, loose information and then mess up payments... they are useless. Persevere and perhaps as one lady suggests contact CAB for advice. If they can't help, perhaps, the admins on here may know of someone who helps people with benefits. Good luck. xx

  • I'm so sorry that you received zero points..

    I was also awarded zero points but the DWP over turned it..

    The doc that did mine was a liar as well, i offered him all my up to date medical notes plus a letter from my doctor and he said he had all the information he needed, when i read what he had said it made me feel sick, he even said that i did'nt have yellow fingers whatever that means...

    Call DWP straight away and get them to re-assess your claim..

    Good luck and let us know how you get on..

    xxxx

  • benefits and works steve donningtons lot might help you with appeal letter they came to talk to our user group and are online but i dont know what else to say except how sorry i am that this has happened to you ..

  • Hello there

    I just want to say that it is utterly disgusting that you are in this position. I wish I could help There use to be WELFARE RIGHTS they are advocates for you that work for the council .They are now called in Derby ,Derby Advice ! There is also Disability Direct .CAB should have phone numbers . I know stress makes all pain worse and you must be so stressed .please don't let them get away with this . I believe you can talk to your MP ! I am dreaded my reassessment . Good luck and I look forward to a positive outcome for you .Good bless SQUEAK xxx

  • Hi lor6126

    I am so sorry that you have failed in your ESA assessment and I feel absolutely devastated for you. I have pasted below two links relating to mandatory reconsideration and how to appeal. So I hope that you find them useful:

    rethink.org/news-views/2013...

    gov.uk/government/publicati...

    I have also pasted you a link called 'How To Claim Job Seekers Allowance' I also hope that this is useful for you:

    gov.uk/jobseekers-allowance...

    It would probably be a good idea to contact your local CAB and ask them for help with completing any paperwork that the DWP send to you if you are not too familiar with how the system works? They will also be able to help you with your appeal.

    I want to wish you all the best of luck with your mandatory reconsideration, and I genuinely hope that you find the answers that you so desperately desire and deserve.

    All my hopes and dreams for you

    Ken x

  • Yes do ask for a mandatory reconsideration outlining where they deviate from the truth. Go through it with a fine tooth comb as it can bemind boggling what mistakes they make. Did you have a letter from your daughter saying what she has to do for you as her carer as this could be additional evidence especially if you have to end up at a tribunal. The Benefit and Works site is excellent, some things you can access without paying any subscription but paying the subscription was the best thing my husband and I ever did. Make sure they recorded all your medication correctly as tribunals if it gets to that stage absolutely hate inconsistancies in that as they deem it as incompetence on behalf of the professional doing the assessment. if you could get help from a local Welfare or Bemefit organisation or the CAB it would be marvellous. If you are 50 or over you might be able to get some help from your local Age UK but each branch varies. Do look at the links the others have given you as they can be very helpful. It took two years to win my husbands case but it was worth it in the end. Good luck with it allx

  • Hello Lor6126,

    As suggested above the Citizen Advice Bureau would most likely be the best people to discuss your individual circumstances with for more advice how to move forward.

    However, I would like to say that we can send you out a guide about mandatory reconsideration which may help. You are more than welcome to email us info@fibroaction.org and we'll email it & all other ESA guides straight out to you.

    I wish I could offer more help, you may find your local area have an advocacy service and here's a post about it;

    healthunlocked.com/fibroact...

    I sincerely wish you all the best and I am thinking of you. I cannot imagine how stressful it is to be in your current situation and how it is impacting on your Fibro. However, please know we are here and if we can help advise we will always try.

    Please also see our website about Benefits & Fibro as there is further info about organisations which might offer more advice;

    fibroaction.org/Pages/Benef...

    I look forward to your email

    Best Wishes

    Emma :)

    FibroAction Administrator

  • I'm in the US so the process is different. But I had made my application for Social Security Disability twice and was turned down both times. I am waiting for a hearing before a judge. I found legal help who work on commission if the case is won. They have not been the best - I've had to keep on them to be sure they had my info straight and were making the right moves - but I couldn't slog through the process without some help.

    I hope you get this straightened out soon. It's worth it to fight for what you deserve!

  • contact the CAB straightaway.sorry to hear you are having to go thru this.i ahd the same a few years ago the "assessor"twisted around everything I told him and awarded me zero points,had to go to a tribunal which was held at the CAB offices not a court room as now but still a court procedure/judge awarded me 18 points .ihtink you would stil be entitled to housing benefit and council tax-maybe you will have to reapply for them?contact council or checkout your councils website fro info/advice/how to claim if need be?

  • Thank you for all your kind comments. Some very helpful suggestions as well. I now have an appointment to sign on for JSA tomorrow while i appeal. I have phoned and said i want it looked at again and went over every point that had been twisted and some which were downright lies. I also asked for the address and am going to put all the points in writing to be looked at again by a decision maker. To the person who suggested i get my daughter to include a letter. I think that is an excellent idea.

    Im still reeling from reading this report, apparantly i can wash dress,socialise, and am reported to have said i have no problem getting in and out of my first floor flat alone, and easily attend all my appointments on my own. despite having told the doctor im am virtually housbound and have not left the house alone in nearly a year.

    I will email for the information Mdaisy, im sure it will be most helpful.

    Im getting angry now and am determined not to let this go. I will never go into one of these assessments on my own again. I actually had my brother with me but left him in waiting room as i did not want to discuss my IBS problems in front of him. I had appeared for an appointment a week before with my daughter but had to go home when they said they were running two hours late. She could not get time off work to attend the second assessment a week later or i would have had her with me during it.

    I cried reading the lovely comments from you people.

    I will keep you all informed of what happens.

  • In addition, a comment by the doctor said he could see no reason for me to function perfectly normally and i only needed very standard routine medication.

    Daily i take 2.4 grammes of Gabapentin, the highest dose i believe prescribed, 400mg of Tramadol, 150mg of Amitriptyline and paracetamol along with the Tramadol, as well as copious amounts of Immodium whenever i have to leave the house. Am i wrong in thinking that it is not routine to have to depend on this everyday with all the unpleasant side effects that go along with some of these meds.

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