Work Capability Assessment

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Pete T
Pete T Member Posts: 3
edited 21. Jan 2011, 11:06 in Living with Arthritis archive
Hi, I have just registered and am feeling down. I have been diagnosed with severe OA in my right knee and off work since March. I have been sent to Occy Health twice and my work have been very understanding and are following their advice and waiting until I have completed my treatment which involves keyhole surgery. I have had the ESA assessment and that has rejected my claim and stopped my benefit. I am now going for an appeal. What I really would like to know is why, when you fill in all the details required on the application forms and give permission to look at medical records non of it is taken on board when you have the assessment. I can lift my arms above my head, I can lift items from a table with my hands, I have severe osteoarthritis in my right knee, I have had an X-Ray and an MRI Scan which can be looked at to confirm it. I was in formed by the female that ATOS Healthcare don't do that.

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  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Hi Pete nice to meet you :grin: but so sorry that you too have fallen victim to the nightmarish process that is ESA & ATOS.
    To be granted ESA you need to score 15 points or more in the ATOS medical.

    I don't know if this will help you, but here goes..

    As you disagree with the decision you have the right to

    1. ask for an explanation of dwp's decision. (either in writing or by phone)
    2. ask for a copy of the ATOS medical assessment. (you will need this if you appeal)
    3. ask for dwp to 'Reconsider' their decision. (this is a step you can choose to take before going to appeal.)
    4. appeal. If after reconsidering the decision dwp have not changed their decision about your entitlement to ESA you can then still appeal and go to an appeals tribunal.

    With steps 3 & 4 I would strongly suggest you attach any medical reports, physio, ortho, GP reports etcand take the time to go through the ATOS medical assessment line by line noting areas of disagreement and saying why you think that these elements are wrong. Attach all of this information to your letter asking for Reconsideration/ Appeal Application.

    I contacted my MP and he was incredibly supportive... so maybe you could enlist the support of your MP too?

    Someone else on the forum had the help of a solicitor and had the decision overturned ...which was great! so perhaps that might be a resource available to you too ... or you could contact CAB or a Welfare Rights Officer for their support and representation.

    Good luck Pete!

    Iris xxxx
  • frogmorton
    frogmorton Member Posts: 29,505
    edited 30. Nov -1, 00:00
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    Hi pete

    well you have already had the best advice I reckon you can get on here from iris, but l just wanted to say that you are so not alone.

    Work thinking you are not fit for the work you do there does not mean you will get ESA. This is a scary position to find yourself in and in my opinion diabolical :evil

    Good luck with this - I hope you can get some help...in your position I would.

    Love

    toni xx
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -1, 00:00
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    Hi Pete
    And a very warm welcome to the forum, like toni says you have had good advice off our Iris, lots of people are being turned down for benefits, so you are not on your own having to appeal.
    Good Luck with it, and please let us know how you get on.
    Barbara x
    Love
    Barbara