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DWP Appeal - nightmare

I have an appeal today and am expecting to be treated badly by DWP. I have an undiagnosed condition which was purely awful for the last 6 months and lead to reduced kidney function and a hospital stay just a few weeks ago. The health investigation is ongoing so referred to a colon specialist. There lies the problem. So I have left and right flank pain, pelvic and back especially, usually kicked off by a trigger, like trying to carry something, water or food. It is hard to narrow it down - My query is I transferred to UC after failed assessment leading to this appeal and as I have been waiting weeks and had this kidney failure/reduction of function I provided fit-notes but was sent to employment groups to look for work then they stopped the commitments and sent me a new application for limited capability. I decided not to purse that as the experience has been too horrific. DWP told me my meds were those of a 13 year old and get myself to work with pain management. 

True story. So when I go to appeal am I only asking for the 4 week gap payment transition from ESA to UC. As this seems very harsh and brutal process for 4 weeks of £29. 

I am in a lot of pain and have reduced eating and drinking to work through the physical symptoms I take pain relief when out off to medical appointments which they say I shouldn't be able to get to if sick. I would walk over glass to get to Dr and have absolutely no alternate support to get me there. So sure I do struggle there in all manner of condition and I look dreadful on the way and when I arrive am generally a mess. 

What am I going to do if I don't pursue the limited capacity - fill up with pain killers and hold my breath until my surgeons appointment in September. Its been a rough time and even my Dr said it has been too hard for you - recently (referring to DWP) My Dr is supportive of appeal but of course this seems to mean nothing. 
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Comments

  • zakblood
    zakblood Member Posts: 419 Pioneering
    good luck for the appeal, and hope it all goes well for you
  • katiesymon
    katiesymon Member Posts: 59 Connected
    Thank you. If it is civil it would be all I ask - strangely at this point winning the appeal seems to be least on my mind. Rather than getting it over and done with. I changed from this experience. I feel calm but I have changed. 
  • zakblood
    zakblood Member Posts: 419 Pioneering
    the hearings tend to be informal or mine was, there's not you and them, your all like together, so it's not about taking sides, it's more of a answer and question sessions and tbh quite relaxed, mine was anyway, and hope others feel or felt the same, it's not a criminal court, so very very civil and not so formal, there are precedes to follow, but not so stick that you can't be relaxed, but still stressed
  • poppy123456
    poppy123456 Member Posts: 28,625 Disability Gamechanger
    Hi,

    As you claimed UC and were sent a work capability assessment form for that then i'm afraid you won't receive the full backdated money if you win your Tribunal today. However, how much will be backdated is a very good question. Despite my very good knowledge of the benefit system i'm unsure of the answer to that question.

    @Adrian_Scope do you know the answer to this please? Any help is appreciated.

    Good luck today but please bare in mind they will only take into consideration how your condition was when the decision was made. Any worsening of condition will not be considered.
  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    Ok well that is good to know. Good information. As it was a deteriorating situation due to inability to find the diagnosis. I had had a seizure prior to the assessment that failed and then fainted again after the assessment (each time with injuries) leading up to the partial renal failure. So it will be interesting to see how that goes. From what I gather it is a short period of monetary value I am guessing, although really I had no choice as so ill than to go to appeal. The relief from intravenous fluids was immense although the issue is ongoing
  • katiesymon
    katiesymon Member Posts: 59 Connected
    It is a catch22 as to which box you fit into isn't it ? Possibly my treatment at the onset was not the best but now on track. Maybe there is a support group or something for us inbetweeners.
  • poppy123456
    poppy123456 Member Posts: 28,625 Disability Gamechanger
  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    Just a thought, are the Incapacity Benefits and the disability benefit assessments similar ?  Is there an element of near-deaths door before someone is eligible for the extra assistance (greater than UC) My medical bills and transport phone etc for emergency after hours were £180 in April, from a UC OF £69
  • poppy123456
    poppy123456 Member Posts: 28,625 Disability Gamechanger
    Incapacity benefit no longer exists. UC is now the only benefit available for those with limited capability for work.

    PIP isn't means tested but to claim that will depend how your conditions affect you. It's not about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.


    A face to face assessment will most likely be needed for this and you'll need evidence to support your claim.

    If you have a limited capability for work then your only option is to send in fit notes for UC and go through that work capability assessment again. If the Tribunal goes in your favour today then the decision won't apply to your current UC claim.

  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    Yes, that has happened already the employment group I was assigned to by DWP, said I was too ill for their service and rang DWP. Evidence is easy as Paramedics had to come when I fainted for the injuries. Really I am not going to fit into any of these requirements for PIP now June, even if stood down by an agency. It will be good to be rid of today and put it all behind me. This life changing experience has made me sombre and I would never discuss my health with a soul after this, I'm just glad we are on track and maybe colon surgery will sort it all out so I can move on. When DWP abused me in March the phone call was not recorded as ESA decision-makers are not required to. It is the only department that you have to request the call to be recorded. She told me her epileptic colleague sitting behind her managed to get to work and so ought I with my pain medication.  I noted time and name. I did a formal complaint as CAB advised and the response was - could not find a worker of that name. I used the 0800 number so it is not on my phone bill unfortunately, although I was transferred to her. Terrible behaviour. If I could have avoided it all I definitely would have. Thank you for the links though. 
  • zakblood
    zakblood Member Posts: 419 Pioneering
    i have the same happen at my local council office, and was told be a lady there who said, my husband has the same illness as you and looks a lot worse, so not surprised you go kicked off, there's a job out there for everyone now days in all but words, which was fine, but all i was asking is how it effect our council tax, such a simple question got a off the cuff and somewhat snotty reply, seems some are upset, with others just plain rude, and some just not caring one bit at all, but as everyone needs a hand sometimes in there life, i just feel sorry for when if it's there turn
  • katiesymon
    katiesymon Member Posts: 59 Connected
    Privatisation. The relationship between government and the public has changed. There is no going back. So the only way forward is to do what you can. 
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Hello @katiesymon, sorry for the late reply (and thanks for the tag @poppy123456), I've been trying to find out the answer as to how long you may get backdated should you win but unfortunately it's not a simple answer so I don't have any news for you yet. I will keep working on it though and will get back to you ASAP.

    What time is your tribunal today? Have you had it already? Please let us know how you get on. :)
    Community Manager
    Scope

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  • poppy123456
    poppy123456 Member Posts: 28,625 Disability Gamechanger
    One thing that comes to my mind. When you were sent the work capability assessment for UC you said you didn't return the form, is that correct?

    Were you found fit for work for failing to return that form? Usually when you don't return the form within the time scale you'll be found fit for work.

    Also when you started sending in fit notes for UC were they for a worsening of condition or for a completely new condition?

    How did the Tribunal go?
  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    Appeal over. I was successful on Regulation 29 of the ESA  Regulations, no thanks to me. Unfortunately I could only answer questions but I was too distressed to say anything planned at all. I'm not sure if the Secretary of  State will accept that decision or re-appeal it. CAB's presence clinched it for me as they discussed the issues with me, that I had with coping with the whole thing otherwise I would have bailed out and suffered dearly for that.

    I'm not sure what will happen from here on in, I was sent a Limited Capacity Application and I'm not sure if I will want to face the difficult time I was given again but I will persevere. The Appeal, recommends I am not assessed for 24 months that part is not legally binding. I did not walk away feeling as if I had won something, like a victor.  I came away thinking about how I got there, the rocky road, about healthcare and about myself. It is a tough road, so I really feel for anyone in this process.  CAB really gave immense support by their presence, wisdom, understanding and background work. The monetary value in my case will be small. in the short-term but is protected as it is needed futuristically.
  • poppy123456
    poppy123456 Member Posts: 28,625 Disability Gamechanger
    Great news. Reg 29 is WRAG not Support Group. If your ESA claim started after April 2017 then they won't owe you any backdated money. ESA WRAG for those that applied after this time will remain on the same amount they were on for assessment rate, which is £73.10 per week.

    The recommendations for the time don't apply to you because you claimed UC and were sent the WCA for that claim. When you didn't return that work capability assessment for UC were you found fit for work?
  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    No I was kicked out off a work support group as not fit. They rang DWP and said they couldn't place me in work as I had a partial kidney failure with ongoing health. Id had fit notes for sure, AKI and due to see surgeon in September. I was hospitalised between those committment appointments. 
  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    I think I understand what you are saying, it was a WRAG group sent me off as unfit and rang DWP. This work assessment, this new LC this is still within the dates. Due 20th but I have to 27th of this month to send it in I think. My ESA started in 2016 but sure I did go onto UC when ESA was cancelled. I think the £29 protected element is the amount we were trying to preserve. I see a surgeon in 9 weeks so we are nearer to a resolution.
  • poppy123456
    poppy123456 Member Posts: 28,625 Disability Gamechanger
    Ok, i see thanks.

    If you don't send in the work capability assessment by that date they will find you fit for work for failing to return the form on time. If this happens then the whole process because a lot more complicated. My advice is to please fill it in and made sure it's returned on time.

    The 2 year time scale the Tribunal gave you today doesn't apply to you because you have a new work capability assessment form for UC.

    You should receive some backdated money from the ESA Tribunal decision but how much you'll receive for how long, i don't really know. It's complicated now because of the new work capability assessment form you've received.

    It can take DWP 8 weeks to pay any money owed.
  • katiesymon
    katiesymon Member Posts: 59 Connected
    edited June 2019
    I'm not sure now I see what you mean. We knew any backdating would be a week or maybe 2 weeks. £58. I guess Ill be sent back to WRAG at £73. It reminds me of a legal story about not using the toilet paper twice. 

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