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Could really do with some advice on the mess dwp have done on my medical assessment please

seanridzseanridz Posts: 2Member Listener
hello thanks for reading, im new here and just looking for any sort of advice at all really,

so i suffer from sciatica (some points i cant even get out of bed waiting for scans to see what the problem is)

i also suffer from chronic gout in hands and feet and ankle where the pain is so extreme im liturally unable to walk at all due to this i have very bad joint damage in feet etc. I was awarded pip early last year and scored highest for moving around etc so i also applied for work cappability assessment heres what happened:

i applied for wcs on 15th january 2018 even my job coach at the time told me i should apply and had put all my job searches and meetings turned them off as i could hardly walk and had to cancel alot of meeting due to this and she could tell i was in a bad way,they recieved sick note after sick note from me and my doctor and i never heard anything back,I chased up soo many times and didnt get anywhere until Novemeber 2018 asking me to attend (45mins away i had no car and can hardly walk or stand) so i got a letter from my doctor requesting a home visit which in the end of me chaseing it up they agreed. I finally get my home visit on 28th febuary 2019 over a year after i put in my claim.I wait and wait and wait for the decision then chase around and made no less then 15 phone calls to see whats going on then my job coach gets the word they lost my files.. so i have to do the whole process again which is sooo fustrateing with pip i was seen and awarded within 2month of puttong the claim in with wca they take the mick a bit i think.Anyhow i get a letter through 3weeks later saying they are going to cancel my claim due to me not sending back the questionare they recently sent me im bewildered at this stage as no questionare has came so i contact them again they tell me everything fine they will send it out now,2 days later my job coach (who has been great during all of this) has rang me to tell me they have found my claim and it will be processed withing a week this was on august 2nd at 1.13pm she got told 2minuted before she called me and said she was so happy she had to call me straight away. At 3.01pm the same day i get a decision saying im fit for work which has annoyed me but after reading alot up online i thought ok ill check the file see if any mistakes and go over it and get a letter from my docs and appeal.i ring the same day asking for my detailed review to be sent to me so i can go over it i hear nothing for a week the guy did say it can tak 5-8working days so i leave it for another 4days as the weekend you cant include.I hear nothing no letter nothing... so i ring up this is now the 13th of august they tell me the last guy i spoke to didnt send it out... great im thinking ive got until 2nd Sept to file a appeal so i ask if they can send it out right away and explained this to them they agree they say it will be with you within 3working days i wait all i all 5 working days so its now the 18th i ring and tell them i still dont have it the guy says for me to hold on phone so he can sort this whilst im on the line he seems helpfull alot more he eventually comes back to me ssying theyve lost the file containing the deicision etc and he cant send me it out and advises me to contact my job coach im so angry at this point my job coach doesnt know what else she can do to help me either my appeal date is scheduled for monday heres my problem

surely it shouldnt of taken this long?
is it right for them to come back to a decision under 2hours?
now they cant and havent sent me the file containing the decision and what it was based on is there anything i can do? as im going into my appeal blind?

i was just looking for advice and if any one has had anything similar happen to them? What did they do?

please no bad comments this has truelly left alot of stress on me for months i didnt apply for it for the sake of it i use to run business’s until my health took over then reluctantly had to sign on a few years later then had to apply for this as theres no way i can physically work. Just any advice please would be great im sorry its long i just wanted to tell the story thanks alot!

Replies

  • seanridzseanridz Posts: 2Member Listener
    Sorry when i say appeal i mean reconsideration many thanks
  • michfinchmichfinch Posts: 168Member Pioneering
    I would file the Appeal stating what you have said. File lost. 
    I would ring the Court number and also let them know. Be prepared to still have to attend, don’t plan not to.
    I’m pretty much in the same boat highest score for one part of PIP and 2 marks off the higher rate for the 2nd part. WCA a joke, which I’m appealing for UC. 
    Good luck :-)
  • poppy123456poppy123456 Posts: 14,921Community champion Disability Gamechanger
    HI,

    What you should have requested was a copy of the assessment report which is called UC85, which will tell you everything the HCP said about you for your work capability assessment. However, this isn't really needed when request the Mandatory Reconsideration.

    As you are very close to the 1 month deadline then you'll need to ring UC on Monday to request it over the phone first. Then i'd advise you to put it in writing, stating whether you think you should be given LCW or LCWRA and your reasons why you think you should be in either of those groups.

    For LCWRA for mobilising do be aware that they take your ability to use a self propel wheelchair into consideration as well, so it's not just about your ability to walk.

    Any evidence you have should be sent with the letter of request because they very rarely contact anyone, the onus is on you to make sure you send it to support your claim.

    Unfortunately claiming PIP doesn't automatically entitle you to LCW.


    Do be aware that most MR decisions remain the same so you'll most likely have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour. Good luck.


  • Chloe_ScopeChloe_Scope Posts: 5,837Administrator Scope community team
    I hope the appeal goes well @seanridz and please do let us know if there is anything else we can do to help :)
    Chloe
    Online Community Officer
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