ESA - Having to deal with two Work Capability Assessments simultaniously

[BlueLittleLady]

Hi,

 

I'm in a very complex situation and I am loosing my mind and health over this. I was wondering if anyone can assist me, greatly appreciated.

 

Around this time last year I was asked to submit a medical form for WCA, which followed by a face-to-face assessment. My WCA for ESA scored zero points and I submitted my case to Tribunal for review. I believe I meet 4 descriptors for the Support Group. I am currently waiting for a hearing date.

 

The medical WCA assessment outcome in 2016 recommended Work Related Activity for 12 months indicating that I could be ready for work (possibly downgraded to Job Seekers Allowance) after 12 months.

 

As a result of Work Related Activity I ended up in A&E on 4 occasions with a severely excessive heart rate where I was kept in hospital and wired up to a drip. I complaint about this to CHDA who carried out my assessment, they responded stating that I could have gone to the A&E anyway and that it has nothing to do with their assessment, or something to that effect.

 

I have bladder problems and I had to attend a Jobcentre that does not allow toilet use for customers. I have heart problems and I have to attend a service provider in a severely stuffy unaired environment (even the adviser complained about having to use an asthma breathing device there), and that made me very ill. I often feel that my endurance is being tested by physical and psychological torture and I can either make it less painful and quicker for myself by taking own life or prolong the pain but in the end get the same result as the DWP will drive me to an eventual death.

 

While I am still waiting for the Tribunal outcome for ESA medical assessment 2016, I have now been asked to submit a form for medical assessment 2017. I returned the form not to lose my benefits. They sent me a letter for a face-to-face assessment.

I believe during this assessment I will be downgraded to the Jobseekers as they will deem me totally fit (as per their recommendation that I will be fit in 12 months). CHDA picked on my doctor letters, ignored the evidence, and handled the formal complaint from me unfairly - that's how I feel. DWP ignored formal complaints from me, made intimidating calls to me, took 4 months to respond to my Mandatory Reconsideration - responded only after I got my MP involved, even then they lied to my MP writing to her that I was happy with the outcome and my MP closed the case. There is absolutely no way in hell this WCA will be a fair one or humane one. It's a conveyor belt to pass you from one torture room to the next, there is nothing more to it.

 

My question to you is, do I have to attend another work capability assessment while I am still waiting for hearing date with the Tribunal? If so, what happens if I need to submit another claim to the tribunal? Will I be able to run two separate claims with the Tribunal on ESA benefits?

 

Thank you in advance for helping me with this madness.

[tommy456]

Hi,

 

I'm in a very complex situation and I am loosing my mind and health over this. I was wondering if anyone can assist me, greatly appreciated.

 

Around this time last year I was asked to submit a medical form for WCA, which followed by a face-to-face assessment. My WCA for ESA scored zero points and I submitted my case to Tribunal for review. I believe I meet 4 descriptors for the Support Group. I am currently waiting for a hearing date.

 

The medical WCA assessment outcome in 2016 recommended Work Related Activity for 12 months indicating that I could be ready for work (possibly downgraded to Job Seekers Allowance) after 12 months.

 

As a result of Work Related Activity I ended up in A&E on 4 occasions with a severely excessive heart rate where I was kept in hospital and wired up to a drip. I complaint about this to CHDA who carried out my assessment, they responded stating that I could have gone to the A&E anyway and that it has nothing to do with their assessment, or something to that effect.

 

I have bladder problems and I had to attend a Jobcentre that does not allow toilet use for customers. I have heart problems and I have to attend a service provider in a severely stuffy unaired environment (even the adviser complained about having to use an asthma breathing device there), and that made me very ill. I often feel that my endurance is being tested by physical and psychological torture and I can either make it less painful and quicker for myself by taking own life or prolong the pain but in the end get the same result as the DWP will drive me to an eventual death.

 

While I am still waiting for the Tribunal outcome for ESA medical assessment 2016, I have now been asked to submit a form for medical assessment 2017. I returned the form not to lose my benefits. They sent me a letter for a face-to-face assessment.

I believe during this assessment I will be downgraded to the Jobseekers as they will deem me totally fit (as per their recommendation that I will be fit in 12 months). CHDA picked on my doctor letters, ignored the evidence, and handled the formal complaint from me unfairly - that's how I feel. DWP ignored formal complaints from me, made intimidating calls to me, took 4 months to respond to my Mandatory Reconsideration - responded only after I got my MP involved, even then they lied to my MP writing to her that I was happy with the outcome and my MP closed the case. There is absolutely no way in hell this WCA will be a fair one or humane one. It's a conveyor belt to pass you from one torture room to the next, there is nothing more to it.

 

My question to you is, do I have to attend another work capability assessment while I am still waiting for hearing date with the Tribunal? If so, what happens if I need to submit another claim to the tribunal? Will I be able to run two separate claims with the Tribunal on ESA benefits?

 

Thank you in advance for helping me with this madness.

So you are currently in receipt of ESA WRAG, but appealing this award because you think you should of met the criteria for the SG?

 

The answer to your question is Yes because if you don't they will close your claim , and probably wont pay you until you submit to a wca

 

My advise would be to request that your WCA is audio recorded this cuts down on the amount of untruths they are able to tell in their report

 

And is the allocated assessment centre accessible for you . example : do you have mobility issues such as not being able to use stairs (should the centre not be on a ground floor) they will have to offer a ground floor venue in those circumstances , Is the assessment centre 90mins or less travel time by public transport from door to door, including any walking time and waiting times if it is likely to take more than 90mins in either direction they should offer to arrange and pay for a taxi to and from the centre, or offer a home visit,

 

Also if you feel unable to go to the WCA and your GP will write a supporting letter to explain why you are unable to attend the F2F and therefore be given a home visit instead they will have to accommodate this,

Edited May 16, 2017 by honeybee13
Paras.

[Bazooka Boo]

The good old farce to farce assessment.

 

I completely agree with you that this abuse of the sick and disabled is truly criminal, complain to your local MP, and exhaust the DWP's lethargic complaints process, so you can escalate it to the independent case examiner.

[tommy456]

As for the tribunal decision whatever turns out to be, will be superseded by the more recent decision by the DWP following the imminent WCA farce, Because they can only make their decision based on your condition at the time of your previous WCA

 

 

But i cannot see any issues with you getting any back pay should the tribunal decide to award you SG, but this would only be paid up to the date of the pending new Decision by the DWP following the WCA, and of course you will be able to appeal the new decision following your pending WCA