Do DWP decision makers over rule assessors reports a lot? - Page 2 — Scope | Disability forum
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Do DWP decision makers over rule assessors reports a lot?

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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    Hi,

    The assessment provider can't find you fit for work, only a decision maker can do that. The assessment provider write a report with recommendations and the decision maker looks at that, the evidence and makes a decision. Mostly they go with the report, it's rare to go against it.

    As you've already had your assessment then it's most likely too late to send more evidence because it probably wouldn't arrive in time. If you're found fit for work you would need to ask for the Mandatory reconsideration and not re-apply for ESA. You can't re-apply for ESA after being found fit for work unless it's for a worsening condition or a completely new condition.

    You can ring DWP and ask them to send you a copy of the assessment report, this will give you some idea what the decision is likely to be as they mostly go with this. It's also handy to have if you're found fit for work and have to ask for the MR.

    Hopefully it won't be much longer. Good luck.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • london75
    london75 Community member Posts: 31 Connected
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    hi poppy,thanks for your feedback,when i've had assesssments before on the  copy report it said PROGNOSIS;: EXPECTED CHANGE; FUNCTIONAL PROBLEMS:I ADVISE THAT WORK COULD BE CONSIDERED WITHIN 12 MONTHS.REASONS FOR THE OPINION GIVEN:THE AVAILABLE EVIDENCE SUGGESTS REVIEW IN THE MEDIUM TERM,HAD THIS TWICE BEFORE,THIS TIME IT SAYS ,AS ABOVE BUT WHEN IT COMES TO FUNCTIONAL PRIBLEMS IT SAYS :NOT APPLICABLE,I'M SURE THIS MEANS FIT FOR WORK.ANY IDEAS?
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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
    edited October 2018
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    As doesn't state a recommendation for either of the groups then yes fit for work, of course i could be wrong. You'll have to wait for the decision.

    Please can you turn caps off because it's very difficult to read and is classed as shouting in text type, thank you.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • london75
    london75 Community member Posts: 31 Connected
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    sorry about the caps,something wrong with my screen,what will happen now,mandtory reconsideration,will they automatically put me on jsa,i have sent them evidence yesterday from a doctor and the nhs,hopes it gets there on time,i will fight this,how long does it take to go tribunal,i knew this nurse would be difficult just had this feeling about her,what i read on the medical report,was a load of tripe,everything against me,the obvious was'nt stated at all,if the dwp always believe the nurses,this one women,is going to send my life down the plughole,i also get pip benefit,if i'm on jsa,and looking for work the pip will be stopped,my small overdraft at my bank will be stopped as well i reckon.i feel there is real hardship to come,what an early xmas present.
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  • london75
    london75 Community member Posts: 31 Connected
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    will the esa dept have a copy of my pip report,on the esa50 they said don't bring us evidence of any other benefits,so i did'nt,last time at the assessment i did show it to them,little tricks? but surely they must have a copy of this,this nurse will cost me 550 pound a month,i've been in debt for years as it is,down to to 73 pound a week,i can't believe this,this is the worst news ever,she asked me at the medical do i feel suicidal,i said no,i tell you what i do now.
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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    If the decision is fit for work then MR first followed by Tribunal if that fails and only 17% of MR decisions change.

    No, they won't automatically put you on JSA.  If your area is a full Universal Credit area you won't be able to claim JSA, it will have to be UC. If you claim UC then you won't be able to go back onto ESA while you wait for the Tribunal. Check what's in your area by putting your postcode into this link. http://ucpostcode.entitledto.co.uk/ucdate

    If you're found fit for work your PIP won't stop because they're 2 completely different benefits. People claim PIP and work.

    Do you claim any of the disability premiums on your ESA? If so and you claim UC you will lose those premiums because they're not paid on UC.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    london75 said:
    hi poppy,thanks for your feedback,when i've had assesssments before on the  copy report it said PROGNOSIS;: EXPECTED CHANGE; FUNCTIONAL PROBLEMS:I ADVISE THAT WORK COULD BE CONSIDERED WITHIN 12 MONTHS.REASONS FOR THE OPINION GIVEN:THE AVAILABLE EVIDENCE SUGGESTS REVIEW IN THE MEDIUM TERM,HAD THIS TWICE BEFORE,THIS TIME IT SAYS ,AS ABOVE BUT WHEN IT COMES TO FUNCTIONAL PRIBLEMS IT SAYS :NOT APPLICABLE,I'M SURE THIS MEANS FIT FOR WORK.ANY IDEAS?
    Just read this again, are you sure there's no where in that report that says anything about a limited capability for work? or even reg 29 for WRAG?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • london75
    london75 Community member Posts: 31 Connected
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    hi again poppy, it just says           prognosis  below it    expected change  28 below that                                                                     functional problems:        below this                                                                                    not applicable            on page 21 of 26
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  • london75
    london75 Community member Posts: 31 Connected
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    no 29 on my report,previous reports there were ,reasons for the opinon given,then below it saidthe available evidence suggests review in the medium term,it sounds to me they have made up their mind already,the only place it mentions fit for work or wrag is reg25 ,where it says i would'nt be no harm to anyone or myself if found fit for work or wrag group.thats the only place i see it
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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    london75 said:
    hi again poppy, it just says           prognosis  below it    expected change  28 below that                                                                     functional problems:        below this                                                                                    not applicable            on page 21 of 26
    I have no idea what this mean, sorry. You should wait for the decision which you have to do anyway because you can't do anything until then. Sending that extra evidence yesterday is probably too late now and it may not help you, it can take 7 days or more for DWP to receive it and for it to be put onto the computer. DWP mail sorting process is slow for incoming and out going mail.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • london75
    london75 Community member Posts: 31 Connected
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    it says prognosis=no answer,expected change = no answer,functional problems = not applicable,on page 21 of 26
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  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,671 Disability Gamechanger
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    Hi @london75

    If you are having thoughts of suicide, it is important that you discuss them with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at jo@samaritans.org

    You might also benefit from reading MIND’s information on how you can help yourself: http://www.mind.org.uk/information-support/types-of-mental-health-problems/suicidal-feelings/how-can-i-help-myself/

    If you feel that you may be an immediate danger to yourself, please call 999 or go to your local hospital right away.

    Scope
    Senior online community officer
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  • london75
    london75 Community member Posts: 31 Connected
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    hi sam,i called the samaritans and had a chat, had a chat with my mum as well.i'm ok,but this is getting me down ,to realise what might happen,any ideas on my sitution ? would be so grateful,about the previous posts,and the likelyhood of being found fit for work,and prognisis:functional problems: not applicable,what does it mean?




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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    london75 said:
    prognisis:functional problems: not applicable,what does it mean?

    It means no functional problems were found. Whether that's a recommendation of being found fit for work i do not know. If it's WRAG recommendation then for ESA it's either reg29 or at least 15 points are needed to be scored from the current WRAG descriptors.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • london75
    london75 Community member Posts: 31 Connected
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    they have stopped my esa,now im worried i might lose my pip,what do i do sign on?
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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    You now have 28 days to request a Mandatory reconsideration. You should put this in writing stating what you disagree with, which group you think you should be placed into and your reasons why. I'd advise you to get further help and advice with this. If you didn't send in evidence to support your claim then you'll need to send it with the MR request letter. Only 17% of MR decisions change and most people have to take it to Tribunal. If the MR decision stays the same and you have to take it to Tribunal once they accept your appeal you can go back onto assessment rate of ESA with a fit/sick note from your GP.

    What to do now..... if your area is a full universal credit area you won't be able to claim ESA. If you claim UC then you won't be able to go back onto ESA while you wait for the Tribunal. If you claim UC then you won't receive any money for at least 5 weeks. Check your area here. http://ucpostcode.entitledto.co.uk/ucdate



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Spibes
    Spibes Community member Posts: 58 Courageous
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    Just responding to this as the original poster. 

    I had a ESA50 form arrive last month due for November 16th, so time to be anxious again, I hate going through this but I have more proof of my disability now including my diagnosis of autism in August. 

    Just so incredibly nervous getting help to do the form tomorrow will it arrive in time for the 16th or have I left it too late?

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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    The actual diagnosis won't help a claim BUT the autism assessment report will help. Of course it depends how your autism affects you, as we're all different but fingers crossed for you, good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Spibes
    Spibes Community member Posts: 58 Courageous
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    Thank you really appreciate that I'll make sure to photo copy it and send it off too when it arrives. 

    Appreciate the swift response. 
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  • najdi
    najdi Community member Posts: 9 Connected
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    I don’t understand why we have to do this every 3 years or so

    it should only be one time and then every 10 or 15 years 

    it’s costing money time and most importantly depressed to us  
    Oh ! god please help us 
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