WCA mandatory reconsideration
Hello, I've gone through WCA assessment and was deemed 'don't have limited capability for work and maybe able to do some work' (whatever that means, since it's 'maybe').
I have requested medical report and asked for mandatory reconsideration. The medical report is full of incorrect, misrepresented information and some information is omitted although was provided during assessment.
I am looking through description of functional ability and 'typical day' (which is something that was concocted by assessor) and pretty much everything is 'she is able...', for e.g. she is able to lift shampoo or shower gel bottle. This is neither significant in my life nor shows my ability considering lifting these items takes approx 6 sec of my daily life. I didn't reported anything like that to begin with on the UC50 form, but was asked during assessment which I thought was strange. Things like difficulty using shower head which I explained in great detail was downplayed.
Do these descriptors of functional ability meant to be only about ability? Cause I'm really confused. UC50 asks about difficulties, but then assessor writes bunch of insignificant 'abilities', which looks like as though I can do everything.
Also I never provided 'typical day' description myself, thinking my explanations under questions on UC50 form would be enough and then during assessment I will be able to add more. However as I said, I was not asked of what my typical day looks like, just single questions. I'm in process of writing my 'typical day' in mandatory reconsideration, as the one assessor wrote is factually incorrect, but would this matter?
Does medical evidence - letters where my daily struggles reported matter or do they look for findings, as in medical reasons for these difficulties? I'm diagnosed with osteoarthritis, have pain in multiple joints, but xrays show damage only in some. So, for e.g. I have a lot of pain and numbness in my hands, but xrays didn't show joint damage yet. Would difficulties I face because of my hand symptoms be disregarding, as thera isn't proof of damage?
Lastly, when writing mandatory reconsideration, should I point to every single point I disagree with, cause it's nearly every sentence? And some questions have 'none of the above' on medical form, even though I provided information on my UC50, but for some reason was not asked about. Should I point to that and write explanations of difficulties again? Or just say this was not discussed during assessment?
Sorry for the long post and thank you for your help.
Comments
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Capable of some work means they've found you fit for work. When you filled out the UC50 form did you look at the descriptors for both LCW and LCWRA? If you didn't then you can see them both here.
LCW and you need to score at least 15 points. However, you will not receive any extra money for this.
LCWRA here. Only one of these needs to apply the majority of the time.
No, you should not focus wholly on the assessment report. It's fine to mention a couple of obvious errors or contradictions but then put the report to one side and forget about it. This isn't going to get you an award.
You need to focus on which group you think you should be placed into and your reasons why. Please note, that if the mobilising descriptor applies to you then you need to be aware that they also take into consideration your ability to use a self propel wheelchair and push yourself. It is not just about your ability to walk.
Once you've decide which one you think applies you need to give a couple of real world examples of exactly what happened the last time you attempted that descriptor. You should also include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.
Yes, you can also write a diary of what a typical day is like for you.
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Hello, thank you for your reply. I am aware of scoring system and I thought I explained myself well on form. There's no one thing, that 15 point would apply straight away in my case, but many different things that affect me and when added together it's difficult to function just at home. I can't imagine anyone employing me with adjustments that I'd need. I had to stop my self employment cause my ability to do work could only last for approx 15min and then my hands are numb. It's hardly possible to carry out activities when one doesn't feel hands. The other thing medical investigations are still happening in regards to my hands and other symptoms. So I don't have all the answer why and what this is and whether it's possible to get better. So far physio therapy hadn't helped.
I wonder if giving descriptions of what my work was before and what it is now would give a clearer picture?
In the decision letter that they sent me they included descriptions of what they are looking for, but the bar is so low, that seems like as long as you breath and blink you're good for work. Yet thinking back when I was employee I'd need to be way more capable than what DWP imagines.
Anyway, so if I believe I should be at least in the LCW group, should I start with this and continue - because of a, b, c, etc., ?
Thank you
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makes me so angry when this happens to people and scared from myself, good luck with it
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@Robin45 I feel sorry that you are having through go through this process whilst dealing with your health issues . @poppy123456 has given some useful tips. Along with that it might also be useful to have your current job description and list your demands at work and explain in depth there is no way you would be able to meet those demands even with reasonable adjustments? (It’s just a thought from me )
Wishing you the very best
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Thank you. Yes, it is incomprehensible to me the way they treat people. I can't imagine how are those with profound mental health issues and deficiencies going through the process. It is so nerve racking. And the process is almost illogical. You fill the form which is pretty much disregarded, have assessment, but real issues are omitted or misrepresented. Seems like a mockery.
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Thank you. That's a good point, I shall include this too.
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It's fine to give examples of what your current job was, however, for the work capability assessment it's nothing to do with what your current job was. They are looking at your ability to do any type of work, regardless of what work it is. It's about the work you can do, rather than the work you can't do.
My concern here is that concentrating on that one job, may go against you. It's all about the descriptors and if you don't meet at least one of them, then you won't be found to have LCWRA.
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If there is something that happened at your job that related to one of the descriptors and shows why you meet that descriptor I would say it is helpful. But you should try to ensure you have something for each of the descriptors, even if you don't have something related to it from your previous job. Actual examples of what has happened in the past are good, but the WCA is meant to cover the ability to do any work.
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