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Face to face assessments

MarkChv
MarkChv Member Posts: 11 Connected
Please note that my ESA Tribunal proved that you can refuse to go to a third party contractor for a medical report as the law doesn't actually say what the DWP thinks it says and you can refuse the DWP permission to pass on your details. If they then do so and you are sent an appointment you don't have to go as it's been illegally set up as the DWP has broken the Data Protection Act. [removed by moderator]
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Comments

  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    edited October 2019
    Hi @MarkChv. I’ve removed the image from your post as we don’t allow the sharing of personal information including full names.
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  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    Hi,

    You can be found fit for work if you fail to attend a work capability assessment. https://cpag.org.uk/welfare-rights/resources/article/esa-–-limited-capability-claim

  • wilko
    wilko Member Posts: 2,449 Disability Gamechanger
    Nice try but it won't work as Poppy has stated. You will be found fit for work. The same applies for pip you failed to allow assessment process after you applied for pip. 
  • MarkChv
    MarkChv Member Posts: 11 Connected
    Hi Adrian_Scope I'd just provided it so others could see that I'd won and only left the case reference on in case anyone needed it. My NINO was edited out.
  • MarkChv
    MarkChv Member Posts: 11 Connected
    To Poppy and wilko unfortunately with my attached photo of my Tribunal letter removed by Adrian you couldn't see that I have done this already and won.

    I agreed to give my details to the DWP, and have a medical report done by a Civil Service doctor (not a contractor) or my GP. I went through the law and despite what the DWP believes there isn't anything in there that says claimants are obligated to go to third party contractors or have personal info passed on. Therefore I have proved that you can withhold that permission and still win.
  • pollyanna1052
    pollyanna1052 Member Posts: 2,032 Disability Gamechanger
    Wow! This to say the least, is gobsmacking! But the majority of people never knew about the law on attending assessments ordered by DWP with ATOS or CAPITA.

    We are all frightened to miss assessments under the threat of losing our benefits.

    It takes guts to do what you did. Good for you.
  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    Hi @MarkChv,

    I am really happy to hear that your appeal was successful but I would say that people need to be very careful about choosing not to attend assessments.

    My understanding is that the ESA Regulations 2013, 19 (1) states:

    "Where if falls to be determined whether a claimant has limited capability for work, that claimant may be called by or on behalf of a healthcare professional approved by the Secretary of State to attend for a medical examination"

    While this does not overtly say that only assessments by IAS (ATOS) or CAPITA are legitimate, it does seem to state that they can tell you where they want you to go.

    In reality people do get their benefits stopped if they do not attend assessments without good cause.

    It is worth bearing in mind that we only hear about bad experiences and plenty of people have good experiences!

    Joanne 
    Scope
  • zakblood
    zakblood Member Posts: 419 Pioneering
    edited October 2019
    thanks, so point out the number of each and put our minds at ease then?

    percentages will be great, the 2018 numbers are shocking, so if the trend since 2012 or longer continues, the % rise each year who score 0 points on a assessment has rising year after year.

    i agree with your points and post, so not challenging it, just wanting your thoughts on the 2019 numbers known so far?

    eg why is there more or a larger % rise than in any previous year since it started?

    thanks and i and everyone else awaits your response 
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    zakblood said:
    thanks, so point out the number of each and put our minds at ease then?

    percentages will be great, the 2018 numbers are shocking, so if the trend since 2012 or longer continues, the % rise each year who score 0 points on a assessment has rising year after year.

    i agree with your points and post, so not challenging it, just wanting your thoughts on the 2019 numbers known so far?

    eg why is there more or a larger % rise than in any previous year since it started?

    thanks and i and everyone else awaits your response 
    Sorry but i'm not sure what you mean by "point out the number of each"
  • zakblood
    zakblood Member Posts: 419 Pioneering
    was in reply to above,

    In reality people do get their benefits stopped if they do not attend assessments without good cause.

    It is worth bearing in mind that we only hear about bad experiences and plenty of people have good experiences!
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    It's correct that if you fail to attend a work capability assessment you'll most likely be found fit for work.

    It's also true that lots of people claim both PIP and ESA successfully without any problems but sorry i don't have the most recent percentages without spending time to search google.
  • MarkChv
    MarkChv Member Posts: 11 Connected
    @Joanne_Scope I was hoping that by sharing my case it'd help others, that's why I originally posted with a photo of the decision letter (minus my NINO). If you would like me to send you or any of your colleagues the photo so that you can see exactly what was said I'm more than happy to, just let me know what email or snail mail address, and hopefully it can help others 
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    edited October 2019
    Hello @MarkChv. If you're able to remove the names from the letter (or I can do this for you if you'd like?), you are more than welcome to post it again. 
    If you'd like me to remove them for you, feel free to email it to me at [email protected]
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    Scope

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  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    Hi @MarkChv,

    Thank you for offering to do this! Hopefully @Adrian_Scope will be able to remove the personal information.

    I am definitely interested in anything that might help to make the process better for people. :)
    Joanne 
    Scope
  • MarkChv
    MarkChv Member Posts: 11 Connected
    @Adrian_Scope sent, please use the case in any way to help others
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Thanks @MarkChv. I've shared it below here as I know you were keen for our members to see it and I've also forwarded it to @Joanne_Scope
    I'm really glad this was successful for you but I would still advise members to exercise caution if planning to not attend an assessment, as it can result in being found fit for work. 


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  • MarkChv
    MarkChv Member Posts: 11 Connected
    I've just got a letter about yesterday, PIP Tribunal hearing, and I have won that one too (same grounds plus one specific to the PIP case).

    Just to add to what Adrian said, yes, even though I believed in my case it was tough to not attend, get sanctioned, live with no money coming in. I was lucky in that I had the last of some compensation from an accident years ago to scrape by on. I wouldn't want anyone to go through that. I hope that by sharing my case it might help others fight unfair assessments and harassment from the DWP 
  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    Hi @MarkChv,

    Congratulations on your PIP tribunal?

    Could you pass that to Adrian as well? It would be good to compare the two letters?
    Joanne 
    Scope
  • MarkChv
    MarkChv Member Posts: 11 Connected
    I'll do that later, just off out for a hospital appointment.
  • MarkChv
    MarkChv Member Posts: 11 Connected
    I'll do that later, just off out for a hospital appointment.

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