Work assessment

barry47

Back in 2018 following a face to face assessment was awarded ESA. Then in 2020 I had to move to universal credit again I had a face to face assessment and was awarded lcwra. In July this year I had a telephone assessment and they decided I was fit to work even though I get pip and have a fit note stating not fit to work. I have osteoarthritis, 5 bulges in my spine and a collapsed disc. I'm now waiting after a Reconsideration to go to court to appeal. The DWP were supposed to have responded by 13/09/2023 I'm still waiting for a response. The whole system is a joke. Yes there are people have made fraudulent claims so people like us who are disabled are been punished for it.

bg844

Unfortunately, a fit note may say you are unfit for work but a Decision Maker can say otherwise. Your appeal will still go ahead even if no response from DWP and you won’t loose your place in the queue.

barry47

Yes but the decision maker didnt even see me so how can they make a decision? The whole system is unfair and something needs to be done about it.

bg844

I think a lot of people would agree although I hope that you find the Tribunal to be a much more pleasant experience.

barry47

Well I hope so too. I have a letter from my doctor and from my orthopedic consultant.

Hannah_Alumni

Hello @barry47

I hope the appeal goes in your favour. Can I ask, have you got support around you? I would encourage you to reach out to Citizen's Advice if you need any help with the process. 

barry47

Hi Hannah yes citizens advice disability team will represent me.

poppy123456

barry47 said:

 Yes there are people have made fraudulent claims so people like us who are disabled are been punished for it.

I totally disagree with that. There's very few people that claim fraudulently.

barry47 said:

Yes but the decision maker didnt even see me so how can they make a decision?

With all due respect a decision maker doesn't have to see you to make a decision. They look at all evidence you sent including the assessment report and then come to a decision. If a decision maker had to see you before making a decision then there wouldn't be any need for the health assessment providers.

barry47

Well all I can say is they took none of what I said to account. It was an unfair assessment for which I will now go to court to fight. 

2oldcodgers

barry47 said:

 ........telephone assessment and they decided I was fit to work even though I get pip and have a fit note stating not fit to work. I have osteoarthritis, 5 bulges in my spine and a collapsed disc. I'm now waiting after a Reconsideration to go to court to appeal. The DWP were supposed to have responded by 13/09/2023 I'm still waiting for a response. The whole system is a joke. Yes there are people have made fraudulent claims so people like us who are disabled are been punished for it.

For a start the 'fit' note may only say that you are unfit from your current type of work which leaves it open to suggest that you may be fit for other types of work.
To compare a person's disability status with another is silly.
If I was to list down my own issues you would honestly think that I was approaching the pearly gates anytime soon. Yet I have always up until about 10 years ago when I was in my late 60's worked - mainly voluntary - doing something that I could do.
With the ability to work from home now so widespread I am sure that a lot of those that are being told that they are disabled/sick could with a bit of help find some type of job.  

Adrian_Scope

I couldn't help but notice a bit of a contradiction in your post @2oldcodgers.

You rightly said that comparing one person's disability to another's isn't helpful. But later, when you mention how you could work despite your own situation, it seemed like you were suggesting that others should be able to do the same. This might unintentionally reinforce the kind of comparison you initially criticised. It's important to remember that everyone's situation is unique, and what worked for you might not work for others with different circumstances.

Additionally, while working from home has become more widespread, it's essential to remember that not all jobs can be done remotely, and not everyone has equal access to the necessary technology, experience and support systems. Plus, many people may require adjustments that go beyond remote work arrangements.
I work in a role that is almost entirely home-based and consider myself incredibly fortunate to do so. Most positions are highly competitive, indeed one such role I recruited for received over 700 applicants. 

barry47

I'm in too much pain to concentrate on any type of work. Let alone do it. 

2oldcodgers

I was once told at an appointment with the pain clinic that pain is not real but imaginary. It was suggested that I listen to whale music and to carry out mindfulness techniques!!

If you are in constant, overbearing pain then I would suggest that you seek help for it with your GP.

There are some wonderful medicines out there that reduce the pain to such a degree that it is bearable.

2oldcodgers

Adrian_Scope said:

I couldn't help but notice a bit of a contradiction in your post @2oldcodgers.

You rightly said that comparing one person's disability to another's isn't helpful. But later, when you mention how you could work despite your own situation, it seemed like you were suggesting that others should be able to do the same. This might unintentionally reinforce the kind of comparison you initially criticised. It's important to remember that everyone's situation is unique, and what worked for you might not work for others with different circumstances.

Additionally, while working from home has become more widespread, it's essential to remember that not all jobs can be done remotely, and not everyone has equal access to the necessary technology, experience and support systems. Plus, many people may require adjustments that go beyond remote work arrangements.
I work in a role that is almost entirely home-based and consider myself incredibly fortunate to do so. Most positions are highly competitive, indeed one such role I recruited for received over 700 applicants. 

Sorry no I am not suggesting that what I could do everybody else should be able also.
I think that what is important is to keep an open mind and seriously think about what you might be open to given your limitations.
My limitations at the time where such that I could not work in any job that put pressure on me, I hated having to work with people and whilst the job was mundane being up close and personal with animals had me thinking along different lines of  where I could see my life was going.

barry47

Done that I'm already on 3 different pain killers and on the maximum dosage for them.