Could someone explain the appeals process? How could a 0 points total have been reached?

marcday

My partner has just had her telephone work assessment for esa and been told she scored zero points and is utterly gutted, although she has been told she can appeal im hoping someone can explain the entire process and maybe explain how a zero points total may have been reached
my partner suffers from Neuropathy meaning the nerve endings to her feet are damaged and irreparable, she cannot feel any sensation and therefore needs help getting into and out of a bath or shower as it could be scolding hot and she wouldn’t have a clue. The condition causes almost constant pain and burning and she hasn’t slept through the night for almost two years now 

any ideas would be much appreciated thank you 

poppy123456

Hi,

I'm assuming she didn't have her assessment and the decision in the same day? It's not quite clear by what you said. The only person that can make a decision on the work capability assessment is a decision maker from DWP.

Can you please confirm that she's definitely had the decision?

marcday

Hi the assessment was 31st December and today was a decision maker 

marcday

Also forgot to mention she has type 1 diabetes insulin controlled and the pain relief she’s on for the neuropathy A doesn’t work and B the side effects make her drowsy and forgetful 

poppy123456

We can't tell why she scored zero points unfortunately. Is it New style ESA she was claiming or the old Income Related? If it's the old income Related ESA then she can go straight to Tribunal rather than having to request the Mandatory Reconsideration first.

Her next step is to take a look at the descriptors for each of the groups to see if she would qualify. If she's claiming New style ESA then she will need to be placed into the Support Group for her payments to continue for as long as she remains in that group. She will need to satisfy at least one of those to be placed into this group. See link. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

If she was claiming the old Income Related ESA then WRAG isn't time limited to one year. You can see the descriptors for this here and she'll need to score at least 15 points. https://www.disabilityrightsuk.org/wca-limited-capability-work-assessment-descriptors

She may also want to get some expert advice from an agency near her, start here. https://advicelocal.uk/

marcday

Hi it was new style esa and they have uploaded a letter to her journal , the file containing the entire letter doesn’t open lol , but they said she no longer needs to send fit notes as she has been assessed as capable to undertake some form of work , also a GPs fit note may state that you are incapable of work a gp does not routinely consider functional restrictions appropriate to the activities and descriptors of the limited capability for work assessments…it’s a joke !!!

marcday

Just read that link on your reply and number 1 mobilising is my partner even less than 50 meters 

poppy123456

A journal suggests you’re also claiming Universal Credit because there’s no journal with New style ESA. 

They are correct a fit note will no longer be accepted. 

For the work capability assessment they look at your ability to to any type of work. It not about the work you can’t do, it’s about the work you can do. 

The mobilising descriptor you need to be aware that they also consider her ability to use a manual wheelchair. 

marcday

Thank you for replying and no she wouldn’t be able to use a manual wheelchair as she is never without pain or burning in her feet from the condition she hasn’t had a normal undisturbed nights sleep for 2 years due to pain and burning etc 

poppy123456

marcday said:

Thank you for replying and no she wouldn’t be able to use a manual wheelchair as she is never without pain or burning in her feet from the condition she hasn’t had a normal undisturbed nights sleep for 2 years due to pain and burning etc 

When using a manual wheelchair, you push it with your hands, not your feet.

marcday

Yes lol but the neuropathy is in her hands and wrists too , it’s common to have it in both feet and hands and to constantly have them checked especially feet in case you cut your foot or toe don’t realise and it goes sceptic 

janer1967

Hi there 

I have peripheral neuropathy in both hands and foot and I use a manual chair and have done for 4 years since losing my leg 

I was found fit for work despite being wheelchair bound . Prior to losing my leg I did work full time  despite having the condition 

I took it to tribunal and won but as I said I had lost my leg by this time 

I'm not saying she is fit for work as everyone is affected differently by the same conditions

I am also insulin dependant 

marcday

Janer1967 ty for that reply and sorry to hear of your experience but I am so glad the tribunal found in your favour and yes the conditions are sooo radically different for this illness but I’m encouraged for my partners future more now

calcotti

poppy123456 said:

Is it New style ESA she was claiming or the old Income Related? If it's the old income Related ESA then she can go straight to Tribunal rather than having to request the Mandatory Reconsideration first. 

Looks as if it is not relevant to OP as they are claiming UC but I’m not sure it makes any difference whether the ESA is legacy or new style.

poppy123456

calcotti said:

poppy123456 said:

Is it New style ESA she was claiming or the old Income Related? If it's the old income Related ESA then she can go straight to Tribunal rather than having to request the Mandatory Reconsideration first. 

Looks as if it is not relevant to OP as they are claiming UC but I’m not sure it makes any difference whether the ESA is legacy or new style.

The OP didn't mention a UC claim until later in the thread, which was after i asked that question. Even then it was referred to as "the journal." Some members wouldn't have any idea what that was.

The reason i asked that question was because if it was Income Related ESA she was claiming then being found fit for work means they can go straight to Tribunal? Or have i got that wrong again?

calcotti

poppy123456 said: The OP didn't mention a UC claim until later in the thread, which was after i asked that question. 

The bit about not being relevant was meant to refer to my following comment not your earlier one! I can see that was ambiguous, sorry for the confusion.

poppy123456 said: ..if it was Income Related ESA she was claiming then being found fit for work means they can go straight to Tribunal? Or have i got that wrong again? 

No, you’re correct. My comment was rather that I think the same would be true for someone claiming new style ESA too (provided they would still be entitled to be paid if they lodge an appeal and not outside the 365 day limit for those not in the Support Group). Not completely sure on that point though.

poppy123456

Thanks for the explanation calcotti, much appreciated. I'm glad i finally got the "straight to appeal" part correct.

marcday

We are just waiting for the official letter so that she can appeal but I guess that process takes months too 

marcday

She was claiming new style esa with the one year cap if that helps 

poppy123456

marcday said:

She was claiming new style esa with the one year cap if that helps 

In your case it makes no difference because you're also claiming Universal Credit so the ESA was always deducted in full from your UC anyway.

Waiting times for the MR are between 2-12 weeks.

calcotti

As she claims both ESA and UC, the WCA apples to both benefits andI think she will need go through the MR process. You need to read the letter carefully to check exactly what it says about the appeal process.