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Appeals

markcumbria

Is anybody having to fight the DWP after failing a fitness for work test and also failing the mandatory appeal by having to go thru the courts I was award zero points and the citizens advice said I should have been at least awarded 33 points

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Comments

poppy123456

Hi,

Yes lots of people. I'm a little confused by your comment "failing the mandatory appeal by having to go thru the courts" Are you saying you took it to Tribunal and lost or have you just asked for the Mandatory Reconsideration and the decision stayed the same?

markcumbria

I first failed and asked for a mandatory reconsideration and failed so the only way I can fight it again is by going thru the court

[Deleted User]

Hi @markcumbria

It can be very helpful to ask a local benefits specialist to look at your paperwork with you and work out whether there is enough information about how you should have scored points and/ or relevant medical evidence, on your tribunal file.

Can the Citizens Advice do this for you? or can they refer you to another local agency?

Gill_Scope

markcumbria

I went to citizens advice and they said I should have been awarded at least 33 points they filled in my appeal form for the court what has got a backlog of the minimum 6 months before it gets in court.

cat6873

Hi there this is my first post here. My name is Caterina, I'm 60 and I'm fighting the DWP too. My appeal is next Monday. I moved in November 2016 and, although the Authority is the same, I was put in front of a computer to apply for UC. They didn't care that I just passed my ESA assessment and was sent to their medical which I failed. The Mandatory reconsideration repeated word for word what was on the report so I decided to take it to the tribunal. I have done some research and found quite a few interesting things on the Government website like the Explanatory memorandum to Universal Credit regulations 2013 N0 376 which states: Capability for work

7.23 Before these elements are payable, there will normally be a three month period during which the claimant will provide medical evidence and will be required to participate in a Work Capability Assessment. This does not apply:

1. where the claimant is terminally ill;

2. where the claimant already has a determination of limited capability for work or work-related activity on the basis of the Work Capability Assessment in relation to an award of Employment and Support Allowance.

and

13. Moving from Employment and Support Allowance to Universal Credit

If you have been receiving Employment and Support Allowance (ESA), have already completed a WCA and been assessed whilst claiming ESA, you may not have to undertake the assessment again when you move to Universal Credit.

My ESA report stated that: In keeping with the information available, mental state findings, and typical day history, significant difficulties appear likely in repeatedly and reliably initiating action and going to places. Moreover, considering her active thoughts of self-harm, high risk diagnosis of depressive illness, need supervision from neighbours, other personal factors such history of deliberated self-harm, living alone, and unemployed, suggest there is a substantial risk of self-harm and potential deterioration of mental health symptoms if she were found capable of work and work-related activities, The available evidence suggests review in the medium term.

Sorry this is a long post but I hope it will help someone else.

Good luck to us all xx

[Deleted User]

Thank you for sharing this @cat6873. The DWP should be carrying forward the latest ESA assessment onto universal credit, and sometimes they don't. Where this happens, it's certainly appropriate to challenge them by pointing out what the regulations say.

Gill_Scope