Hi, my name is SauleA! My health assessment has been refused

SauleA

Hi.My health assessment has been refused in 28th of April.I raised mandatory consideration emidately but I haven't heard anything from DWP I called them a multiple times but they saying there is no time scales when the decision will be made.My health deteriorated so I claimed a new health condition and I provided them with the doctor's fit note but they didn't accept.Why though?This is seriously it's been very frustrating.
Many thanks for helping advance.

poppy123456

If you were found fit for work another fit note will not be accepted unless it clearly states either a new condition from your previous fit notes. Or if you're claiming for the same condition the fit note must state a considerable worsening of condition.

With regards to your MR, they are correct that there's no timescales for any decision but waiting since 28th April is a little crazy.

If you continue with the worsening of condition then you need to be aware that if you continue to Tribunal with your current decision and the Tribunal award in your favour, any new decision made on your change of circumstances will overrule the Tribunal decision.

SauleA

Thank you very much for your help.So would you be able to advise what's the best move o should make.Because this is been beyond frustrating months.We people have health conditions but we gotta go out of our ways to prove it.This is just not right.

poppy123456

The most likely outcome of the MR will be the decision will remain the same. If this happens you can request the Tribunal. The Tribunal will only take into consideration what your conditions were like at the time the assessment took place. Any worsening of condition will not be taken into consideration.

I can't tell you what you should do because i don't know anything about your condition. All i can do is advise. If your condition hasn't changed then continuing with the MR then Tribunal seems the most logical thing to do.

You may also want to get some expert advice from an agency local to you. Start here. https://advicelocal.uk/

With regards to the wait on your MR you can also contact your local MP and they will hopefully be able to contact UC on your behalf to see what the delay is. https://members.parliament.uk/FindYourMP

SauleA

Thank you very much.My health deteriorated drastically since the work capability assessment.Its not just physically but mentally as well.That's why I reported a new condition.

SauleA

Good morning dear Poppy123456.I had have an awful night last night just been constantly thinking about this whole mess with MR .Anyways when I think about it it's still don't make sense because if I report a new condition the job centre shouldn't refuse the sick note and it's not like I was there physically in jobcentre I simply report my new health condition and after that I put in a journal the sick note when it starts and the ending day.They don't ever ask me to brink my sick notes to the appointment.The very last time when I attended my interview it's a different person I been seeing and she too told me I should report a new condition because she saw to her eye visible disability.And for that reason she said the next appointment will be set in 3 months time.So that alone it's says alot.My work coach it's a nightmare he don't take nothing in consideration I been really pushed away.But the lady who assisted me last time was just brilliant.So I'm here to say it depends on the people really.I left a message in a journal to my work coach regarding my sick note and I asked me just to explain me why it hasn't been accepted guess what 0 response.

poppy123456

When you report a health condition and add a fit note to your journal, a work coach still needs to accept that fit note.

When your fit note was refused did you either put a completely different condition on it or if it was the same condition it must state a significant worsening of that condition. If you didn't then because you were found fit for work previously, they won't accept the new fit note.

SauleA

The fit note been viewed by an agent and it wasn't straight away.It was a week after.No I report a totally new condition because after my MRI scan they found a slipped discs where it affected my ability to walk and numbness in my legs and shoulders as well.Thw very first reported condition was a chronic back pain and a long term depression.

poppy123456

If slipped discs was put on the fit note than that's the same sort of thing as chronic back pain, which is maybe why it was refused.

SauleA

Huummm good point.But I experiencing different pains from before and also I have to use my stick now.

poppy123456

Then the fit note should have said a significant worsening of condition.

SauleA

It is.But what I'm trying to say is that they haven't even seen the fit note.I put on journal they don't know what's been said on the fit note.Because they don't ever ask me to bring them to the appointments.

poppy123456

Then take it to your next appointment, if you don't have an appointment soon then take it to your local Job centre.

Just to add further, you may also want to get some expert advice because reporting a worsening of condition or new condition and going through the whole process again could see the same decision being made if you use the same evidence you previously used. Start here to see what agency is local to you. https://advicelocal.uk/

SauleA

Ok.Thanks very much for your advice.Hope that will work.

SauleA

I will have doctor appointment on Monday so I have already requested for a new medical support letter.This is seriously have affected mentally.I fell like no matter where I go I see the wall in front of me.I'm been stressed out to the core.I getting panic attacks,can't sleep,can't eat.Very frustrating process. 

poppy123456

SauleA said:

I will have doctor appointment on Monday so I have already requested for a new medical support letter.

This is your problem here. A GP letter is never the best evidence to send because they very rarely know exactly how your conditions affect you. If this is what you sent previously then sending another will likely lead to the same decision.

SauleA

Huummmm ok.What about the physio therapists and the talking therapist ?

L_Volunteer

I will tag @poppy123456 in this for you @SauleA. Unfortunately, I do not know the answer to your question. 

Hopefully, @poppy123456 or another community member will be able to respond to your question soon. In the meantime, I just wanted to respond to let you know we are here with you 

Alex_Alumni

If you would like to send in evidence from your physio and talking therapist about how your condition affects you then I'd encourage you to do so @SauleA

Is there anything else you need a hand with?