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ESA tribunal next week


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I just read that if you fail your medical you have to sign on to jsa!? What do I do if that happens? I’m too unwell and have too many issues/problems right now - I don’t know how I’m going to be able to go into the job centre everyday and actively look for work. I never realised this was what you did before as last time I just got a note from my GP and went straight on to appeal. They really do make things difficult for people that are unwell :(

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You don't have to go in everyday. You can also ask for an extended period of sickness which can last for 13 weeks if your GP will provide a sick note.

 

The jobcentre staff know the system is flawed and most will support you, in my experience.

 

Be positive that you will win and concentrate on that and not the what if's.

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Thanks for your positive words, I just can’t help feeling doubtful, I know how terrible the medicals are. I felt last time whatever I said was totally twisted. I remember at one part being asked what my daily routine was and I said I didn’t have one as all the medication I take makes me feel terrible and very tired, so was just bluntly asked if I stared at the walls all day.

Are you allowed to record these interviews?

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My original post from a couple of days ago seems to have disappeared forever, so I'll try to recreate it.

 

Not necessarily in this order, but I would :-

 

1. Check the list of descriptors (http://www.legislation.gov.uk/uksi/2011/228/contents/made, in the Schedules) to see where you should score points. Make sure you give enough information to show how you meet each one, e.g. for mobilising, you could put something like

 

'I cannot walk more than a few steps without support because the pain in my hips is unbearable after less than a minute. I cannot use crutches or mobilise using a manual wheelchair because of the pain in my shoulders and hands. If I try to walk I end up in so much pain that I can't do anything else for the rest of the day and I am at risk of falling. The last time I tried to get to the toilet on my own during the night I fell and banged my head. Because my bones are so brittle there is a danger that I will suffer serious fractures if I fall.'

 

Note the format - what you can/can't do (walk more than a few steps), why (because of pain), why you can or cannot need or use relevant aids (crutches or wheelchair), what happens if you try/when you last tried, use wherever possible and appropriate of 'risk' and 'danger'.

 

2. Browse the WCA handbook (https://www.gov.uk/government/publications/work-capability-assessment-handbook-for-healthcare-professionals) for more info on what the assessor will be looking for - if you can provide it on or with the form, there is an outside chance of avoiding a face to face at all.

 

3. Take your time filling in the form. Don't tick any of the boxes unless they fit your circumstances exactly, and don't be afraid to just put 'see attached' in the box and write an essay if it helps explain your problems. Use the descriptors and the handbook to make sure you cover all the relevant information.

 

4. When you think you've finished, leave it a day or two and then reread everything again to make sure you haven't missed something important - it's amazing how you can get so caught up in what you're writing that you believe you've written something which you haven't.

 

5. Include any medical information which is relevant and if you can get statements from anyone who helps you or knows you well, whether or not they're professionals. Their statements should focus on what your restrictions are and/or how much help you need day to day. If you have the information from your tribunal, include a copy of that too.

 

6. AT LEAST 4 days before the form is due back, and having taken copies of everything you are sending, take it to the post office and get a free proof of posting.

 

7. In the bit that asks about any special arrangements you might need, ask for the assessment to be recorded.

 

8. When you get an appointment, be aware that they won't necessarily have read anything you put so don't expect them to meet any of those special arrangements - phone to check, especially the recording bit. (You can have home assessments recorded too).

 

9. If you can, phone again the day before your assessment to check that a recorder is available. If it's not, or if it's not there when you turn up, you are entitled to insist that they re-schedule.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks so much for all that info. I’m going to keep reading and make notes as I go along.

 

Can my partner write a statement for me explaining what impact my illness has on my life etc?

I will also ask my GP for a letter.

Psychiatrist said they couldn’t offer one last time but no harm in asking again.

 

I’ll be focusing on the mental health part for my questionnaire, however since my last medical I have been diagnosed with having 4 slipped discs which has led to my addiction to the painkillers I’m taking every day for it. They alleviate my symptoms to an extent but at times I’ve been bed ridden from the pain it’s been that bad. I’m unsure what to say/how to word things in the physical/mobility section as I know they’ll see me walking and just assume I’m fine.

 

I’m definitely going to ask for my interview be recorded, I was told I wasn’t allowed last time I had one, probably because the assessor wouldn’t have wanted to be heard on tape saying some of the things he did!

 

I see you mentioned including a copy of my tribunal, would that be relevant if it’s classed as a new claim? I assumed they wouldn’t have cared about anything from my last assessment etc. I still have all my paperwork in my attic from last time so going to have a read through it all as it really has been that long I’ve completely forgotten all the process.

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Yes, get your partner to write something, the more detail the better and giving examples wherever possible. If you let them read your form first, they should make efforts not to use your words but stick to what their own words.

 

Letters from GP and psychiatrist are only useful if they say why you might meet some of the criteria or why it would cause a risk to you or someone else to find you fit for work. If they say no or just write something not useful, don't worry as most people don't have medical evidence.

 

Not all assessors will agree to being recorded, however you can insist on rescheduling until they do find one who will agree.

 

So far as your back is concerned, why not keep a diary of how you're affected every day and include an (edited if necessary) version of that? Your back might also affect your ability to sit and stand so don't just focus on walking, and include the side effects of the painkillers.

 

Your tribunal report from last time would be useful if it details where they scored you points and, unless your condition is significantly different, it is definitely relevant if only to tell them you won't just let it go if you're found fit for work.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

I’ve just started filling in my form (I’ve been having a bad week) and notice on the form it says only send them gp letter etc you already have and not to ask for anything new?

What do I do in regards to that?

 

I also can’t find my tribunal report unfortunately :( I have everything else but that. Can you request a new one or would that data be long gone?

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i would get one anyway if you can....they say they don't need things, but any info that backs you up i would send send send it...

..i even sent a copy of the last decision makers letter....its your form, your health, send anything you can that will help.

 

I think they say don't get letters that you are charged for, my gp does them for free as am sure most do?

 

specialists may be tricky with the time needed and i don't know if they would charge? doesn't seem right that they would.

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