Fibromyalgia Action UK
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WCA and DWP

I have recently been found fit to work following the above assessment, I have been in the Support Group before this time.

I would like to understand given all the varying symptoms and having digestive and gallbladder problems and frequent diarrhoea how and what can I do; it is the usual with the Health Care Provider assessing complex areas in which we all know and suffer from.

I would appreciate any feedback. Thank you in advance.

18 Replies
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Appeal I know it's stressful but try to remain clam

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Thanks Terry, I'm at the early stage of mandatory reconsideration. However, the HCP has lied and fabricated that she done assessment in full but was for a mere 5minutes and incomplete and asked her to get on the couch!

Further, she has put in a lot of out-of-context leading questions to elliicit a response which I didn't give drawing her own conclusion.

The tribunal is a horrible experience & stressful.

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I know exactly what your saying did the same to me it's awful we have to ask for support and get treated unacceptably.

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It felt like she had made up her mind even before she had started! FM is still not accepted and it is difficult to get taken seriously even by doctors!

Have u or did you have a better outcome since?

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Sent off Mandatory Consideration awaiting response

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They did that to me. Take someone with you and tell them you are recording the assessment should you need to use it at a later date. She wrote on my assessment form that I was able to crouch down on the floor. She never even asked me to get off my chair

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Just preparing mine near ready to send it off. Is it your 1st time being fit for work; your status before: working or first time application?

Let me know how u get on :-)

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Hi

Unfortunately due to all the changes they have tightened up a lot they are looking to see if you can work even if only for a few hours each week .

But do appeal and good luck

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Thank you, it s kind of you to come back.

I've been told it is 16 hours minimum.

A system that costs more to sustain!

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Hi sorry to hear you didn't get awarded I lost pip by 2 points, and waiting on tribunal. Firstly have you got a copy of her report? Tell dwp you'd like a reconsideration (but if you think can you can get more documentation to help support your case ask them not to reconsider before you send it in) put in as much info as possible if you have letters from when you where put in support group try and find anything that will help back up your case and also contradict what she has put in her report maybe letter from your doctor or specialist. If it's still a no unfortunately it's tribunal time wishing you all the luck in the world

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Just a thought if you get turned down and then reapply make sure you put on your ESA application form that you want the assessment recorded as it keeps them honest.

Just a few notes that I found for you which might help:-

When applying for a reconsideration it is important to consider what reasons the DWP have given for refusing to award ESA and, if possible, to provide further evidence about how your condition affects your ability to carry out the activities in the work capability assessment.

An explanation of the decision may highlight areas where further evidence might help to change the decision. Consider getting advice at this stage as submitting good extra evidence may get the decision changed in your favour and this may avoid the emotional distress of having to appeal the decision.

However, if you tell the DWP that you are intending to submit further evidence they are likely to automatically put your mandatory reconsideration on hold for a month. If you need to get back onto the assessment phase of ESA as soon as possible, then this is something you will need to bear in mind.

The reconsideration should be carried out by a different decision maker than the one who made the original decision.

Good luck with the reconsideration, let us know what happens.x

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Thank you very much for the useful advice.

I'll keep you updated on the outcome.

Thanks again

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Hi

I have read below.

If you decide to record any interview you have to give them notice.

For ESA they will sort it out fir you but you have to tell them at least 4 weeks beforehand.

For pip you have to still give then notice, but you have to sort the recording out yourself and be able to leave them a copy before you leave.

Can do this on an iPad or iPhone easy, then you can farward them a copy by email.

I lost my pip as most of you already know by 2 points so bang went the car.

But life goes on.

Hope this gels you.

Glynis

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I too was on support group and after assessment last November i scored 0 points and iam having my tribunal hearing at the end of this month. The mandatory reconsideration is just a time wasting effort but you will have to go through it before you go to tribunal. I complained to CHADA or maximus about my assessment and to my surprise they have sent me a letter saying my assessment lacked detail in many areas and there were omissions in the report also. They have apologised and also given me 200 pounds consolatory payment. I think this will be a good letter to show at my upcoming tribunal hearingl. So my advice is complain and even when they first answered my complaint at first stage they never admitted to any errors in my assessment, so i asked to go to stage 2 of my complaint. It was only then they admitted there were errors in my assessment so complain and keep going with it until you get answers. CDADA or maximus do not want you to go to an independent case examiner who looks into how they carry out assessments . My assessment was not recorded either so please complain first . It a bit of a pain to have to go trrough all this i know but it may well be worth it

good luck

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Who are CDADA?

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Sorry i got the letters wrong It should be CHDA which stands for Centre for Health and Disability Assessments who in other words are Maximus .As i wrote earlier it surprised me they admitted my assessment lacked detail in many aeras and there were omissions, and that the way my illness effects me on a typical day was not explored by the assessor who carried out my assessment. The manager of MAXIMUS wrote me a letter saying sorry and and i got 200 pounds consolatory payment. I now have this for my upcoming appeal so i think this will help

good luck

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Ah thanks. Good luck with your tribunal!

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One point you have missed when awaiting the tribunal is to ask the judge or panel to say can you pay my esa until I go to the tribunal. Welfare Rights told me this. ask them exactly what to write in you are not getting any money alt all.

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