0 Points at Work Capability Assessment: Thanks DWP... - LUPUS UK

LUPUS UK

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0 Points at Work Capability Assessment

lupie46 profile image
26 Replies

Thanks DWP. I had a call this morning informing me that I scored no points at my work capability assessment, and from today my ESA will cease. I have been medically retired from my career of 25 years, as my lupus made me too unreliable at work. I had already tried reduced hours and a phased return, which failed miserably. To enable this retirement, I had three levels of health assessment. A nurse for the DWP has decided that I am fit for work. I obviously plan to ask for mandatory reconsideration. The woman on the phone asked me to sign on for JSA. I refused to present as fit for work, as I am not. As if we don't have enough to deal with as lupies....

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lupie46 profile image
lupie46
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26 Replies
PMRpro profile image
PMRpro

Someone else had a similar experience recently didn't they - and suddenly got a call telling them their score was now 15...

If it weren't so distressing it could be a comic opera.

Good luck with the appeal xxx

field profile image
field

It seems that since the governments announcement that those who are chronically ill and in the support group will not have continuous assessment, they are rounding up people in that group, reassessing them and giving them 0 points, thereby removing them from that category. They will lie, cheat do and say anything underhanded to get you off. When u get your assessors report from the dwp will be astounded at how many lies they have told to get you off.

The frightening thing is if you have no other means of supporting yourself you are left destitute because u cannot work or sign on due to the disabling impact of your illness.

and because no one really cares what happens to sick and disabled people the government can do what they like.

PMRpro profile image
PMRpro in reply to field

Funny - I thought that too the other day but decided I was indulging in conspiracy theory...

But from what I hear - yes, the assessor's reports do appear to be works of fiction!

smudge1980 profile image
smudge1980

Hi lupie46, so sorry to hear of your dilemma! This makes me so angry! I'm the person who's nil point assessment got overturned over night to 15 points & in the support group. It's all explained on my page. But basically you need to say that your applying for the Exceptional Circumstances Regulations rule due to the severity & interaction of your conditions & your inability to reliably, repeatedly & safely encounter work related situations or safely perform work related tasks. Also stipulate that your taking all available & appropriate medication as prescribed by your gp & consultants. There are no reasonable adjustment's to a workplace which wld mitigate your medical conditions. You cld back this up with letters from your medical team. Finish of by saying, you believe being placed in the support group wld be appropriate because there wld be a serious substantial risk to your mental/physical health if placed in a workplace environment.

I read this advice on an esa advice link & was going to use it myself but things got overturned from speaking to a decision maker over the phone. I had my assessment done by a doctor in my own home & had it recorded & they still lied! I told the decision maker this & think my case was investigated more closely, as in reading all the evidence from my medical team & listening to the recording. Who knows? I am in the process of complaining about my experience. My health has taken a dramatic turn downwards & it's going to be a long road to get bk to where I was, even with the final result I received. The damage has been done! Good luck & don't give up x

lupie46 profile image
lupie46 in reply to smudge1980

Thanks so much xc

PMRpro profile image
PMRpro in reply to smudge1980

Thanks smudge - sorry, just COULDN'T remember who it was!

Biskuitka profile image
Biskuitka

How do you convince your work place that you are ill? They keep telling me I'm like evryone else.

lupie46 profile image
lupie46 in reply to Biskuitka

I was just too ill for too long. Had a two year flare up.

Biskuitka profile image
Biskuitka in reply to lupie46

Hello,

Can I ask you if something about your flare ups. Do you flare even when you are on meditation?

lupie46 profile image
lupie46 in reply to Biskuitka

I do. They're not as bad as they were before medications. Steroids in high dose are needed then.

Biskuitka profile image
Biskuitka

Thank you for your reply, it is realy helpful.

lupie46 profile image
lupie46

UPDATE:

My GP has written me a supporting letter.He was shocked at the DWP decision.

In the letter I received today from the DWP,the suggestion was,that I get a wheelchair to use in helping me to get around a workplace???? I really feel exasperated.No mention at all of debilitating,life-changing fatigue.I feel that if I had put on a performance of how my lupus is at its worst,I would have been OK.I have of course requested mandatory reconsideration.Will keep you posted.

PMRpro profile image
PMRpro in reply to lupie46

It doesn't do to look even half-alive at these interviews. One apparently isn't even allowed to look clean and reasonably presentable for the public without it counting against you!

lupie46 profile image
lupie46 in reply to PMRpro

So true

Silvergilt profile image
Silvergilt in reply to lupie46

Do they therefore assume that you can self-mobilise? Because the idea that 'just get a wheelchair' completely ignores the fact many people with a variable condition can't self-propel (I certainly can't, my elbows, wrists, shoulders, and fingers are all stuffed). Not to mention the workplace probably hasn't been assessed for wheelchair use - are there doors which are too narrow? Stairs? A fire evacuation plan? (many employers even use this as an excuse to fire people who use chairs even with the legal requirements to make adjustments). All of that can go in as a counter-argument.

lupie46 profile image
lupie46 in reply to Silvergilt

My fingers are so painful some days that self propulsion would be impossible. Apart from any of the other symptoms of this awful condition, fatigue is my overpowering symptom. I have points throughout the day when it feels like a little creature with an energy Hoover sneaks up and sucks all my energy away. I had to be half carried home from a birthday meal by neighbours recently, and I literally just fall to my knees at home some days. It's all just ridiculous!

Silvergilt profile image
Silvergilt in reply to lupie46

exactly, and those are points to be made; 'get a wheelchair' is dismissive in the extreme and, more to the point, pretty much ignores how much effort those kinds of mobility aids require - unless they think you can just go out and get a powerchair, and those cost as much as a car. I got mine through DLA but, as the PIP system is very much like ESA now, I doubt I'll be able to keep mine next year.

This is all grist for your response upon appeal - and I hope you can fight it. The system is designed to say 'no' in order to see who gives up. I wish you strength.

lupie46 profile image
lupie46

I was made to give up a £30,000 a year career and lifestyle by lupus. I certainly have not chosen a pathway that leads to a small works pension with £35 a week for ESA, which they now say I can't have!!! Do they seriously think we are shirking???

tired18 profile image
tired18 in reply to lupie46

Hi,

I'm in exactly the same position had to medically retired from teaching due to illness, Was placed in the support group (no medical) have just been sent a medical questionnaire to complete again

Now it's a waiting game

Take care

lupie46 profile image
lupie46 in reply to tired18

Hope you get on ok. I can't actually believe some of the stories re WCA. I was put in the support group for over a year. They put off my assessment last December, or this would have happened sooner. They sent my P45 to me on Saturday and a letter saying I should give it to my new employer?????? Bonkers.

lupie46 profile image
lupie46

LATEST: I contacted the DWP on Friday, as no one had acknowledged receipt of mandatory reconsideration evidence. The woman on the phone told me that I hadn't asked for it!! I told her that I had asked orally and agreed to follow up in writing. She said I should have requested "oral mandatory reconsideration" on the day I got the letter, for it to count. She then said my paperwork hadn't arrived although I paid for tracking and it had arrived. She checked again and miraculously found it. " Got it. We received it on the 27th October" she said. It was confirmed arrived on 20th. She said someone had to contact me within 14 days of receipt of paperwork. She then realised that they have had it 22 days. A department manager phoned me back in 2hrs 59mins, she had 3hrs to do it. The 14 days started from that phone call. I told them their whole system is flawed and causing serious distress. I should hear if I'm getting money or going to tribunal 5th December, fingers crossed.

PMRpro profile image
PMRpro in reply to lupie46

What a load of eejits! P*$$-ups and breweries comes to mind...

How are those of us who don't have the training (what training) supposed to know what special phrases and words are required?

I've had the difference of dates too - what often happens is that it arrives in a post room who sign for it. They don't care how long it takes to get to the department - which MAY be a LONG way away. One post room was in the Midlands, the department was in Newcastle...

Good luck

smudge1980 profile image
smudge1980

😤😤😤 Lost for words!!! These people do not seem to care about the stress this is putting on already ill people. I've still not recovered from the carry on with my esa assessment. Still in a flare & my hair's shedding every day. Wishing you luck with your fight & don't give up 🍀🍀🍀

lupie46 profile image
lupie46

Mandatory reconsideration reply arrived. They are upholding their decision. Amongst other things the letter said I can work in pain and discomfort!! Off to a tribunal for me.

Loutob profile image
Loutob

Hope your tribunal goes well I had mine in January failed that too. System is so unfair.

lupie46 profile image
lupie46

Had a bereavement so haven't been on here. Had a letter in March from Courts and Tribunal service telling me not to attend a hearing as they had overturned the DWP decision based on paperwork. DWP have back paid me to October. I will not have another WCA for 24 months and am in the support group :)

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