Hello all you beautiful people
Since I last posted I have been through the worst, most draining, depressing and stressful period since I was struggling with the reality of having to give up work many years ago. The short story is that my mandatory reconsideration appeal was turned down and I have now put in a formal appeal but this can take months to get a hearing.
The long story is that I spent valuable time and energy compiling a detailed ten page report of my medical history, along with around ten letters of medical evidence. I believed that, by targeting how my health affects me to the criteria used on a point by point basis, it would be impossible for me not to score more points than the 0 I was originally given. I also stated that if analysis of my disabilities alone did not meet the points needed then I would like to be considered under the exceptional circumstances clause as the unpredictable nature of my symptoms means an enforced return to work would do me harm in the long-run.
I didn’t get any more points and they did not take the clause into account.
Before those people waiting for their own assessment/appeal decisions run for the hills, there is some good news. Firstly, all the detail and evidence worked – to an extent. It meant my case could not be easily dismissed and I got three separate phone calls from DWP “decision makers” before my file was referred
back to Atos so they could get more “advice”.
Secondly, I’m a walker/talker PWC. One of those “but you don’t look ill” types. And this hampered me hugely at the initial assessment. If you use a chair, have obvious mobility problems, don’t hold good eye contact, mumble, make movements that are not fluid and seem to cause direct pain then you may have more of a chance.
Thirdly and perhaps most importantly, is the evidence. I have other health issues besides CFS and because of this I have seen various different doctors who often contradict themselves. Without really thinking, I mentioned all the health issues in my questionnaire form and this meant I felt I had to address them all in the report. They all have some relevance to the criteria anyway.
But this also meant that I had to struggle through mountains of paperwork to find evidence that backed my case without conflicting with other evidence. In the end, I think it would have been better to stick to one or a couple of consistent sources of evidence, concentrating on as few relevant issues as possible. Instead, I threw the kitchen sink at them. It would have hurt if it had hit them, but it’s also easy to avoid.
Please don’t read me wrong here. My appeal did not fail because of my mistakes. It failed because the new work capability process is simply designed to fail as many people as possible. And the economically-psychopathic policy driving the new ESA process is causing untold grief and distress. However, you have to give yourself every chance to win a reconsideration and I probably didn’t.
There is more to say but as I stated before, I don’t want to say too much on here because I was told by a welfare rights worker that DWP employees routinely check forums such as these. I don’t want to unwittingly help them turn down other people in future or make a foggy slip that will help them identify me. If you want more details I will be happy to give them in a PM, especially if you are in the process of filling in the form, about to attend an assessment or appealing yourself. Or frightened of amking the switch from ESA to JSA while waiting for your reconsideration notice. I’m not on here much, but will try to check in at least once a week
Remember though, that anything I say should be backed up with further advice. Perhaps from others on here who have actually won their appeals or the Benefits and Works link which I am constantly being told on and off this forum is the best source of advice out there. I may have to bite the bullet and pay for it now. Maybe that's what I should have done before.
Meanwhile, this is a very good direct free link from action for ME on how to prepare for ESA reconsiderations and appeals.
http://www.actionforme.org.uk/Resou...uments/get-informed/esa-appeals-factsheet.pdf
Especially useful is the appendix which contains the actual work capability assessment form and the points score that can be obtained for each section.
Bear in mind though, that the DWP will have looked at all the advice given via this link and will have counter-arguments against it. Use it as a guide but please don’t cut-and-paste anything, no matter how pressed for time you are. Good luck.
