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Unfit for work

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  • paul93
    paul93 Community member Posts: 69 Connected
    poppy123
    I got it now lets see what happens next.
    Thank you so much poppy123456
  • deano5278
    deano5278 Community member Posts: 38 Connected
    how long does it take for them to make a dicison for support group guys please
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    deano5278 said:
    how long does it take for them to make a dicison for support group guys please
    Hi,

    There are times on the forum where it's quieter than other times and you have to wait longer for someone to answer your question. It's extremely confusing for those trying to help when you post the same question on multiple threads. I have asked you a question on 2 of your other threads.
    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.
  • Vicki988
    Vicki988 Community member Posts: 24 Connected
    They expect me to look for work when I can barely leave the house! Just got my results and have no idea what to do now!
  • paul93
    paul93 Community member Posts: 69 Connected
    Dear poppy123456
    I need urgent help to make my appeal to the Tribunal says they ask 2 things what you disagree with and why you disagree with it i dont know what to write because mandatory reconsideration based on asses rs report which is full of lies dont know where to start
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    paul93 said:
    Dear poppy123456
    I need urgent help to make my appeal to the Tribunal says they ask 2 things what you disagree with and why you disagree with it i dont know what to write because mandatory reconsideration based on asses rs report which is full of lies dont know where to start
    Hi,

    It's impossible to tell you what to write because no one here knows how your conditions affect you.

    I wouldn't advise you to concentrate on the lies in the report, the Tribunal won't be interested in any of that. You need to concentrate on the reasons why you think you should be in that group, which i assume is the Support Group. Take a look at the descriptors or reg35 before you do anything and see which apply to you. If you still don't know what to write then you'll need face to face advice from an advice centre near 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.
  • paul93
    paul93 Community member Posts: 69 Connected
    dear poppy i was waiting for the out come from my local MP who has written to the DWP minister but i have not received any reply yet and my last date is 21st of April for the Tribunal i tell you what health issues i have so if you please can guide me
    Heart Attack, High blood pressure,Back problem,,Acidity problem,Atharites in neck,Bladder problem,Back pain,Prostate Cancer,Atypical cervical myelopathy which means my fingers get locked from both hands and my feet,and i have been under the the watch of mental health and depression from the mental hospital and the doctor gave me a letter stated i am not fit at all to work and medications what i am taking are hell of a lot so tell me what shall i do
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    That's very close to the 1 month deadline which you will exceed now but you do have 13 months, with good reason. A Tribunal won't refuse your appeal.

    I'm not sure what your local MP can do to help you here because they very rarely know anything about benefits. What you really need is someone from welfare rights or a law centre. You would have been much better off concentrating on this rather than your local MP.

    I'm really sorry but i can't advise you what to write because it's not about a diagnosis, it's how those conditions affect your ability to do any type of work and i have no idea how your conditions affect you.  A GP saying you're not fit to work doesn't make any difference, a Tribunal can overrule that. You just need to tell them exactly how your conditions affect you.

    Here's a link to the Support Group descriptors. For this you need to satisfy at least one of them the majority of the time. If you have mobility issues (mobilising) then be aware that they will take into consideration your ability to use a self propel wheelchair for this descriptor.  https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


    If none of those apply then WRAG descriptors are here and you need to score at least 15 points. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

    You'll also need evidence to support your claim, if you haven't already sent it.






    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.
  • paul93
    paul93 Community member Posts: 69 Connected
    Ok thanks poppy
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    The following may give you some idea

    1 - Identify those activities you have any kind of issue with.

    2 - Identify whether the issue is that you can’t do the activity at all; can’t do it reliably, can’t do it repeatedly; can’t do it safely or in a reasonable time. If any one of these apply to an activity then you can’t do it at all and it’s okay to say so. However, as well as ticking the box saying you either can’t do it all need help or aids, remember to say which one(s) of the above apply.

    3 - Have a copy of the PIP points scoring system in front of you. The questions in the form don’t match the points scoring so it’s as well to be aware of this.

    4 - For every activity you think you score points you need to think of 2 or 3 recent examples of incidents when you tried to do that activity. Describe in detail the what, when, where, who witnessed, what happened next etc. Don’t skimp on detail. It’s often better to type it up in Word first rather than write in the form. If it won’t fit then add extra sheets, remembering to put your name, NINO and the question to which the answer relates on each sheet. Alternatively, reduce the font and cut and paste the Word answer into the form. Note that doing point 4 correctly is far more important than supporting medical evidence in most cases.

    5 - Use the extra information section to describe your conditions in detail; the specifics of the symptoms and especially how they interact. 

    Also, if applicable, use it to spell out that you want an ongoing award and explain why e.g. your condition is degenerative, you’ve done all the adapting you’re going to do etc. If you don’t specifically ask for an ongoing award you will almost always get a short one. 

    6 - Assuming your diagnoses are not in question and ditto the prognosis then ask yourself what gap in your evidence does medical evidence fill in terms of points scoring? If you can’t answer that then consider not sending it in. 10 reports all saying the same thing are no better than 1. Volume of evidence, especially medical evidence, doesn’t win you PIP and medical evidence is also not as helpful as your own anecdotes unless you are someone who lacks insight into their own condition e.g. someone with a learning disability or certain mental health conditions. Clarity and focus of evidence wins you PIP. 

    7 - Whilst PIP ask for the form back in 4 weeks they will grant a 2 week extension without question if you ask. However, there is no actual deadline for returning the form in the legislation so that deadline can be extended if reasonable. What could be more reasonable than having a medical condition which slows you down? Ask for an extension as a reasonable adjustment under EA 10 if applicable. 

    8 - By all means get an advice service to do this but if they don’t do most of the above then you’re better off doing it yourself. Welfare rights advisers do not have some magic form of words they use and  their knowledge of the law, guidance or case law only occasionally comes into play at the firm filling stage. No-one especially likes form filling but unless your impairment creates specific difficulties with form filling there’s no reason you can’t do it yourself. It’s all about the anecdotal evidence.

    TRIBUNAL

    1 - Concentrate wholly on what you were like on the date of claim.

    2 - There are no “trick” questions. Tribunals are usually listed 20 to 40 minutes apart so, apart from the appeal papers, they need questions which cut across lots of functions. So the car question is brilliant because it indicates grip; mobility; dexterity; the ability to do something repeatedly; concentration and stamina. Instead of thinking negatively about such stuff think about what they’re getting at and your answers will be much better and more detailed. Similar questions include whether you’ve been on holiday recently. It feeds into mobility (getting across an airport); stamina; the ability to cope alone; the need for aids and appliances.

    3 - There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair. 

    4 - Watch the judge’s pen. All 3 members may take notes but only the judge writes a record of proceedings. If you don’t want them to miss anything then remember that they can’t write as fast as you can speak, so watch their pen and slow down. Don’t worry about going too slow. They will tell you if you do.

    5 - Never interrupt any tribunal member. It is perfectly okay to challenge them provided it’s not rude or aggressive. However, think about whether what you’re challenging them on is directly related to points. If it’s not then better to focus on points. This is especially important because loads of people second guess the demeanour of tribunal members as determining whether they are pro or against and it’s largely nonsense. An aggressive, challenging member may well just be a poor communicator and wholly on your side right up to the point you challenge them etc.

    6 - Get yourself a representative and travel to the venue by whatever means makes you feel comfortable. It’s only ever an issue if you don’t explain what you did in full and if doing so contradicts your other evidence in some way for daily living and /or mobility.

    7 - Same goes for clothes. You need to wear whatever makes you feel comfortable and relaxed. If you’re not relaxed then the likelihood of you presenting well are much reduced. Dressing down is not a good idea unless that all you can afford. A person who feels naked without make-up or a suit and tie will similarly be over stressed if they try to pretend they’re in their comfort zone dressing down. 

    8 - Other people’s tribunal experience can be valuable but it’s just that. Their experience. If they lost then it’s the tribunal to blame. If they win they everything they did is why they won and what you must do. The truth is usually very much in between.

    9 - Know your case. What points are you going for and why. What’s your evidence? “The HCP was a liar” is neither evidence nor a winning strategy. Also, know the appeal papers. What’s where. 

    10 - Do not be tempted to claim you’ve worsened since the date of claim. That’s a recipe for a failed appeal and an invitation to make another claim. Even if you have got worse always concentrate on your date of claim and what you were like then.



    Be all you can be, make  every day count. Namaste
  • paul93
    paul93 Community member Posts: 69 Connected
    Dear poppy123
    I received a letter from my local MP on 13th May 2019 that she has received a response from DWP but she is still waiting the response from the Minister and as soon she will receive a response from minister she will write me again and then on 14th May i received a call from DWP saying that i have made the appeal in tribunal so they want to change the decision because they have seen the report from mental health hospital which they ignored before and while i was talking to her i was quiet breathless and she asked me if she should call me again about the decision i said dont call me just send your decision in a letter by post which she did and i received it yesterday and she wrote that she have decided that you can be treated as having Limited Capability for Work and Limited Capability for Related Activity.She mentioned in that letter that i had operation on 23/04/19 for the Prostate cancer.
    (Regulation 35)
    She has decided that this regulation applies in my case .On 14/05/19 she telephoned medical services who advised that i am at risk of significant deterioration in my mental health and i am on significant medications and i am receiving input from Mental Health Services.
    I am placed in the Support Group to be re-referred in 18 months
    Arrears of benefit due to you as a result of this decision may be adjusted by the amount of any other benefit paid to you.for the same period.
    I am receiving UC what will happen with my ESA and SDP
    please advice.
    Thanks
    Regards
    Paul 
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    That's great news! Well done.

    As you know you can't go back onto ESA because you claimed UC. However, DWP should honour that ESA decision and place you in the LCWRA group for UC and you will receive the extra £336 per month on top of your existing monthly money. Anything you're owed from the ESA will be deducted from the UC payments you've already received and the amount that is left will be what you're owed.

    The SDP however is different because you claimed UC that no longer exists for you now and i'm afraid you've lost that amount.
    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.
  • paul93
    paul93 Community member Posts: 69 Connected
    Dear poppy123456
    I have received a medical questionnaire form from UC for my assessment shall i fill and send back to them my work coach from Job Centre knows everthing about my case she said i should return that form with my medical evidence what you recon
    Loss of SDP is quiet a lot poppy.
    Thanks
    Regards
    Paul   
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    Yes, you will need to fill out the form and return it no later than the date stated in the letter, sending the evidence to support the claim with the form. Expect another face to face assessment because most people have them.

    I realise your work coach knows about your condition but you'll still need to fill out the form, i'm afraid. Any decision made on this work capability assessment will overrule the ESA decision you've just had.

    Losing the SDP means you lose about £180 per month. It does seem more but when you work out the figures as a monthly claim against UC then that's the amount you lose. Don't forget you will receive the LCWRA element on top of what you receive now.
    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.
  • paul93
    paul93 Community member Posts: 69 Connected
    Ok Thanks poppy i will send the form
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    You're welcome. Good luck! I'd also advice you to send your recent ESA decision letter as evidence.
    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.
  • April2018mom
    April2018mom Posts: 2,882 Disability Gamechanger
    Good luck. My advice is to send them the ESA letter to support your application form. First of all you need to complete the paperwork and then send it back in time. 
  • paul93
    paul93 Community member Posts: 69 Connected
    Ok poppy i will thanks
    Regards
    Paul
  • Craig72
    Craig72 Community member Posts: 43 Connected
    I think may know my situation I've got advanced osteoarthritis in my knees and spondylitis in my back... my mental health has not been great for years, I've always been backed by my doc and never won an appeal after my assessments which were a joke.. now on universal credit I still have no benefit in place I've just had a P. I. P assessment that lasted a couple of hours.. not holding out for the either universal is not working for us my partner has chronic fatigue syndrome, and we had to get a loan because we were short on money because there is a cap on U.C unless you are on E. S. A or D. L. A. or P. I. P then the cap is removed I've been through way too much with dwp i still don't understand in 2015 I faked on points then they said we are putting you in a support group for 12 months, after that failed another assessment because they lied.... Fact since then it's been applications MR assessments paper tribunal and a now P. I. P assessments, I'm done after this they broken me.... ?
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    Craig72 said:
    I think may know my situation I've got advanced osteoarthritis in my knees and spondylitis in my back... my mental health has not been great for years, I've always been backed by my doc and never won an appeal after my assessments which were a joke.. now on universal credit I still have no benefit in place I've just had a P. I. P assessment that lasted a couple of hours.. not holding out for the either universal is not working for us my partner has chronic fatigue syndrome, and we had to get a loan because we were short on money because there is a cap on U.C unless you are on E. S. A or D. L. A. or P. I. P then the cap is removed I've been through way too much with dwp i still don't understand in 2015 I faked on points then they said we are putting you in a support group for 12 months, after that failed another assessment because they lied.... Fact since then it's been applications MR assessments paper tribunal and a now P. I. P assessments, I'm done after this they broken me.... ?
    Are you sending in sick notes for your UC claim for limited capability for work?

    Have you asked for a copy of the assessment report for your PIP assessment. This will give you some idea what the decision is likely to be because they mostly go with the report.
    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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