Limited Capacity - info?

[livvyp]

Hi, once again going to fill in Limited Capacity to Work form, as they lost the first one. I've read the sticky on es, and my question is, as I'm not totally incapable of work - I suffer from chronic back problems and depression but I could do about 2 hrs a day non-physical if it wasn't client facing and I could sit but move around if I needed to, as long as it wasn't a lot of travel, but could not guarantee I'd be able to do it all the time -

 

1) how should I fill in the form? I don't want to lie. Should I just use the worst-case scenario as a model for it? My worst days I can't even get out of bed, but thank God that doesn't happen too often, but is happening more and more these days.

 

2) what will happen if they agree I have a 'limited capacity' as opposed to not being able to work at all? How can I get the benefits system to take into account that all my experience is in jobs I can't do anymore, ie, client-facing, and what will happen should I succeed in getting them to acknowledge this?

 

It just seems the system is geared to absolutes and black-and-white and encourages people to be dishonest and gloomy about their future, which I really don't want to be, but don't want to go on JSA when I can't medically handle the jobs I used to do!

 

Thanks for all help.

[bigissue]

I reccomend that you, if at all possible go to your local CAB or welfare rights to get assistance with filling the form out. In general people with disabilities and illness have been put into a position where we have no choice but to present a "worst case senario" of our illness. Much of it seems to be a lottery but many people go in being honest, and positive and then find themselves on JSA with zero hope of finding a job and with all the conditionality that it incurs. CAB told me to present my worst days only and to make sure I was clear in telling them about my worse days during the assesment my first assesment was fine, the second I did the same but the ATOS HCP even then let most of what I said and twisted what I did say. So in addition filling out your form I would also ensure you request a recorded assesment as unfortunately ATOS cannot be trusted.

 

 

You are right about what this benefit does in making peoples outlook for the future worse, not to mention how the stress of the job affects the health of those going though the ESA assesement process which for many is a never ending merry go round. It would be wonderful to be able to have an honest, face to face converstation with someone you knew wasn't just trying to take your benefit away from you. The you could discuss your realistic prospects but as it is if you mention anything positive they take it as a green light to chuck you off esa.

 

The best bet really is to have someone else help you fill out the form then you can discuss with an experianced person what would be best for your situation.

 

I wish you the best.

[**Margaret**]

:livvyp:

 

A few advisors suggest worst day senario but consensus of opinion on CAG, including mine, is honesty with as much detail as possible. You'll look very silly if a decision maker or, even worse, a tribunal panel notes contradictions between your ESA50 and your medical evidence.

 

You can't get the benefits system to take into account that your experience is in jobs you can't do any more. The assessment is of your capability for work, not your capability for a previous job. Should you be found fit for work you can ask that a jobseekers agreement makes allowances for your medical condition.

 

Good luck with the new form, Margaret.

 

Edit:

 

Because of my tendency to rant about the issue I only discuss audio recording of assessments in reply to a question. Now it's been mentioned;

 

Should you want your assessment recorded, add your request to the info about arrangements for your assessment on page 2 of the questionnaire.

Edited October 22, 2012 by **Margaret**

[abc123def]

I would be totally honest. If you are citing your worst day, say it is your worst day. If it goes to Tribunal, they will be able to tell what is normal/usual/bad days etc. and as said previously you don't want anything contradicting anything.

[Nystagmite]

I wrote what my worst days are like, stated that they are my worst days, what I'm like normally and better days. Don't say "good days" - that implies no problem.

[RaeUK]

^^^ completely agree with all the above. You have plenty of space to illustrate your condition(s) and how it affects you. You can always use additional sheets of paper. You may sail through your WCA and score a zillion points, fair enough, but what you are doing is laying the groundwork for that ever so slim possibility that ATOS just might give 0 points and you need to build your case for appeal.

[livvyp]

Thank you all. This is so stressful so great to have the advice. I'll go to CAB.

[livvyp]

Oh, God, from what I can glean online, it seems that ATOS DID receive my first form (info I can find says that they'll call for medical assessment 'on receiving the questionnaire). This is bad, as I fell into a lot of the traps ie not presenting my worst case scenario and not giving enough of my 'worst' information. Plus I didn't even make a copy. (I know, I know, but I was stressed and had side-effets from medication) What can I do now? My 2nd questionnaire, which I haven't sent off yet as am waiting for GP report, is more accurate and leaves far less room for their tricks. HELP. Is there anything I can do, beyond bringing GP's form? Can I say I made mistakes in the form and would like to send the new one instead? (No, I bet) Thanks.

[livvyp]

Well, just rang ATOS and they say that if the questionnaire has been received, ATOS hasn't noted it, so looks like I'm OK to submit new one, but will check with DWP. Also got them to agree to let me come to an assessment centre that is clearly nearer than the one they gave me in the letter. Going for my physio today, so will check if GP has done my report.

[**Margaret**]

:livvyp:

 

 

Margaret.

[spots1]

Submit your new one ...ATOSSERS will not even be aware they don`t read them anyway & you can always say to them that you have an upto date one ...well thats my opiniun from having 2 of them and still sending in new info to harrasss them more

[livvyp]

Thank you. Still dreading medical and feeling horrible with pain and meds but glad to have your help. Been reading lots about ATOS etc and feel that there should be a union for people who claim benefits, as 'they' seem to be able to do, change goalposts arbitrarily and generally treat humans like bits of garbage.