Has my work capability assessment ruined my chances at a fair PIP tribunal? — Scope | Disability forum
New to the community? Remember to read our community guidelines and our community house rules.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Has my work capability assessment ruined my chances at a fair PIP tribunal?

08herlilj
08herlilj Member Posts: 13 Connected
edited March 22 in PIP, DLA, and AA
To give a bit of background I suffer with anxiety, depression and EDS. I'm limited to what I can do for myself and in my work capability assessment it seems like the HCP only took yes or no as answers despite that I explained I can't do things such as safely cook due to the bowing of my legs causing pain and wobbling, sometimes collapse, when I stand for over a minute but the HCP has written on my typical day that "he can cook for himself". There are a lot of contradictions in my report but now I'm worried I've been screwed over by the HCP and her half truths and lies. I wrote on my mandatory reconsideration "I disagree with the lack of points given, I felt unheard and notes were not made" but I feel like I've also shot myself in the foot by not being specific enough.

Comments

  • calcotti
    calcotti Member Posts: 2,996 Disability Gamechanger
    A Work Capability Assessment is done in connection with ESA or UC. It has nothing to do with PIP.

    If you are referring to the PIP assessment then you need to focus on explains the difficulties you have carrying out the prescribed activities to the required standard. Simply disagreeing with the assessment report doesn’t do this.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • janer1967
    janer1967 Member Posts: 12,238 Disability Gamechanger
    Hi and welcome

    Pip and WCA are completely separate benefits and the assessments are not the same and dint affect each other 

    Fir your mr you should be detailed giving real life examples of what happens when you try and do each task bit remember this is an assessment if your ability to undertake any type of work 

    An example would be last time on 20th dec I tried to make a curry I had all 0re prepared ingredients. When I was cooking after x mins my knees gave way and I ended up on the floor,  the pan fell off onto the floor to luckily missing my body , I was unable to continue due to pain and fatigue 

    Just an example of how you should detail each of the points you disagree with 

    It isnt any good just saying you disagree with have to give details why 

    This is also how you should complete the PIP form 2 examples for each include any support prompting ass7stance or aids as well 
    Here to help with my experience in hunan resources and employment rights 
  • 08herlilj
    08herlilj Member Posts: 13 Connected
    @calcotti That's really bizarre because I applied for PIP but I was given a work capability assessment. Is this something I need to phone up about? Also the problem is that I disagree with the wording. It's stated that I can flat out do things, but doesn't mention any sign of difficulty that I spoke about to the HCP. I've got a lot of paperwork that mentions universal credit but I've also got an appeal notice stating that the appeal is for PIP and the MRN originating office even says DWP PIP. Is this an issue that will mess up my appeal?

    @janer1967 thank you, I've written notes on my phone for each descriptor but thank you, I'll add the examples shortly.
  • calcotti
    calcotti Member Posts: 2,996 Disability Gamechanger
    You would have a Work Capability Assessment for UC if you reported a health condition.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • 08herlilj
    08herlilj Member Posts: 13 Connected
    Ahh okay. As I understood it I was going for PIP while on universal credit, I had no idea this was a separate unrelated claim for a benefit that I'm already on. 

    I'm assuming my request to have a new appeal hearing will be denied and I'll have to apply for PIP individually?
  • calcotti
    calcotti Member Posts: 2,996 Disability Gamechanger
    If you can access a local advice agency i suggest you contact them to go through your paperwork. It's very difficult to offer advice when you are clearly confused about what's going on (that's not intended as a criticism).
    If you applied for PIP you would have a PIP assessment.
    If you have been reporting a health condition to UC you would have a WCA.
    If applicable you will have both.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • 08herlilj
    08herlilj Member Posts: 13 Connected
    That may be my only option right now. I'll get to it. That's okay, I didn't see it as a criticism but that's true, I'm very confused. I feel like such an idiot for not noticing sooner that I have gone through all of this for a claim that I didn't want. 

    I self certified a medical condition and gave evidence to my UC work coach which must have triggered the while process, I just assumed that a UC claim meant a claim that was made while on UC for PIP, not a claim for UC in general. I'm waiting to hear off of the tribunal but it's not looking good. The last tribunal only gave me points for descriptors that only applied to mental health even though I gave evidence that my physical health is the most difficult. Fingers crossed I can get this sorted.
  • calcotti
    calcotti Member Posts: 2,996 Disability Gamechanger
    edited March 22
    08herlilj said:
    I self certified a medical condition and gave evidence to my UC work coach which must have triggered the while process, I just assumed that a UC claim meant a claim that was made while on UC for PIP, not a claim for UC in general. 
    The WCA is to see if, while on UC, you are entitled to have your work requirements reduced and/or be paid extra money as a result of a health condition. It's not a new UC claim. You would have been sent, and presumably returned, a Work Capability Questionnaire before the assessment (not the same as the PIP2 health form).

    You can search for local advice here https://advicelocal.uk
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • 08herlilj
    08herlilj Member Posts: 13 Connected
    I was told on the phone to the PIP people (I don't know their official name) that the WCA is specifically for ESA and UC claims. This is separated from PIP which has its own form of assessment apparently. The recent tribunal hearing I had resulted in the decision that I have limited capabilities for work and that I'm entitled to ESA. I had no idea that's what I was applying for but now I've waited 2 years just to find out that I didn't in fact have a pip claim. Does this mean that I have to start a fresh PIP claim or do you mean I've just gone through one step of it?
  • calcotti
    calcotti Member Posts: 2,996 Disability Gamechanger
    edited March 22
    PIP is completely separate. https://www.gov.uk/pip/how-to-claim.

    If you are considering applying make sure you understand how it is assessed so that you can present your information in a targeted way, see
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.

Fancy a chat in our virtual coffee lounge?

Put the kettle on and have a chat in our coffee lounge with other members. We talk about hobbies, games and anything else you can think of!

Cerebral Palsy (CP) Online Cafe

Here's a new opportunity for people with CP or a similar disability (aged 20+) to get together and chat. The sessions are in partnership with CP Sport so you can find out more and meet people from both organisations.

Are you struggling?

Read our 'Coping with stress, low mood and isolation' support thread for a run-down of ideas on how to banish those blues and feel happier.

What do you think about the community?

Complete our feedback form and tell us how we can make the community a better space for you.

Information about COVID-19

If you have questions about the virus, please read our information and support which includes guidance on benefits, getting food and essentials and Cerebral Palsy.

Back to school this September?

Read tips on how to settle back in and handle any worries you or your children might be having this new term.