We strongly advise you to go to a hearing in person. There are also lots of Facebook groups for people with particular conditions. Give as little as 1. Get a printed copy of our popular guide to appealing a Personal Independence Payment decision at the same time. If you have taken somebody with you for moral support - this is a very useful thing for them to do - they can remind you to say. I was on New-Style ESA in the support group until I was reassessed. If you receive more than 15 points on one descriptor (except in activities 8, 10 and 15 - Finding your way and being safe, Consciousness during waking moments, and Getting about) you will be put in the support group (for ESA) or limited capability for work and work-related activity group (for Universal Credit) and are entitled to a higher rate. Otherwise, they might get the impression that you don't need help, even if you do. The assessor will ask you some questions about your health, what you have put in your questionnaire but they might also ask you some general questions such as: They may also ask you to do some physical tasks during the assessment. You should expect that you will have to do most of the work yourself (or with help from your friends or carers). We would advise you to go straight to appeal. I have 3 -6 seizures a month on average. In this section, you will find the Benefits Calculator; Grants Search; details about Turn2us' direct grant-giving funds; and links to other sources of information and help. If you asked for an appeal online and gave them your email address, you will have received an email with a link to help you sign up. Owing to a severe disorder of mood or behaviour, fails to: Chew or swallow food or drink without regular prompting given by someone else in the claimants presence. The tribunal panel will tell the DWP their decision and you will get an official notice of the decision. If your illness or impairment has got worse since the date of your decision, it cannot be taken into account in an appeal. you claimed Employment Support Allowance and you have been found not to have limited capability for work for the second time in a row, or you think you have been put in the wrong group. When judging if the risk is substantial, the DWP or appeal panel are supposed to judge both the likelihood of something happening and the potential seriousness if it does happen. The information in this guide applies to England, Wales and Scotland. Remember - you can ask for a break to compose yourself. Some advisers may be able to help do some of this preparation for you. (Beware - it misses out ones in your area but in another county or borough. You could also get evidence from a carer, friend or relative who helps you a lot. This is because you can only get New Style ESA for one year if you are in the work-related activity group. Explains everything in easy language and helps you feel a bit more in control. I have done unsafe things in the past as I come to - I have panicked and ran into the road, and I sometimes act aggressively and violently towards others. 3) Confirm which of the descriptors below they meet. This guide and accompanying Work Capability Assessment Mandatory Reconsideration tool will help you to challenge the decision by asking the DWP to look at their work capability assessment decision again, if you have to. You will need to explain your reasons for missing the time-limit. If you need help with the online form,you can get help from We Are Digitalif you are in England, Wales or Scotland. They usually ask whether your condition has changed since the decision. Your decision letter from the DWP will confirm that you can appeal without asking for a mandatory reconsideration. Helps you take control of your household spending. He or she will usually welcome you to the hearing. Support group This is the group you are put in if you claim ESA and the DWP or the tribunal agree that you get 15 points on any one indicator (except in activities 8, 10 and 15 - Finding your way and being safe, Consciousness during waking moments, and Getting about) or if there would be a substantial riskto yourself or others if you were not put in this group (see Things to understand). Descriptors:(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape - 15 Points(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment - 15 Points(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment - 6 Points, Activity 8: Finding your way and being safe, using a guide dog orother aid if normally used, Descriptors:(a) Unable to find your way around familiar places, without the help of another person, due to sensory impairment - 15 Points(b) Cannot safely cross the road (or complete another potentially dangerous task), without the help of another person, due to sensory impairment - 15 Points(c) Unable to find your way around unfamiliar places, without the help of another person, due to sensory impairment - 9 points, Activity 9: Extensive incontinence (other than bed-wetting) despite using any aids normally used, Descriptors:(a) At least once a week experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points(b) At least once a month experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points, (C)At risk of incontinence, bad enough for you to need to wash and change your clothes, if you are not able to reach a toilet quickly - 6 Points, Activity 10: Consciousness during waking moments, Descriptors:(a) At least once a week, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 15 Points(b) At least once a month, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 6 Points, Mental, cognitive and intellectual function, Descriptors:(a) Cannot learn how to complete a simple task, such as setting an alarm clock - 15 Points(b) Cannot learn anything beyond a simple task, such as setting an alarm clock - 9 Points(c) Cannot learn anything beyond a moderately complex task, such as thesteps involved in operating a washing machine - 6 Points, Activity 12: Awareness of everyday hazards (such as boiling water or sharp objects), Descriptors:(a) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need supervision most of the time to stay safe - 15 Points(b) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need frequent supervision to stay safe - 9 Points(c) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage to property or possessions, so that they occasionally need supervision to stay safe - 6 Points, Activity 13: Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks without needing prompting from somebody else), Descriptors:(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.15 Points(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.9 Points(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.6 Points, Descriptors:(a) Cannot cope with any change to the extent that day to day life cannot be managed - 15 Points(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult - 9 Points(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult - 6 Points, Descriptors:(a) Cannot get to any specified place with which the claimant is familiar -15 Points(b) Is unable to go to a familiar place without being accompanied by another person - 9 Points(c) Is unable to go to an unfamiliar place without being accompanied by another person - 6 Points, Activity 16: Coping with social engagement due to cognitive impairment or mental disorder, (This is about your ability to interact with people in face-to-face social situations. For a list of the descriptors and the points that you get from each, see here. Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day-to-day life cannot be managed. Similarly, if you miss the one-month time-limit to appeal, you can ask for an appeal anyway. If you ask by email, you will need to include your National Insurance number, date of birth andpostal address. If you are offered a preliminary decision by the HMCTS, only accept it if you think it is the correct award. You should ask for a mandatory reconsideration of the decision to close your claim and explain what happened. Indeed, they often dont change the decision at the reconsideration stage even when presented with excellent evidence. In this section you will find information about benefits and grants relevant to your situation. If you feel better on some days than on others, explain what help you need on both. If you have any further evidence about your difficulties that you havent yet sent to the tribunal, send it now. It is used for Universal Credit and ESA benefits. If you score enough points the DWP will put you in one of two groups based on how much your disability affects your ability to work: . If you think you might be entitled to more, ask for an appeal hearing. Since the beginning of Covid many hearings are happening via video so you may not have to actually go anywhere. If you think it might help, ask a friend or family member to be with you for emotional support. They can help with access to a device, data or provide guidance and reassurance on how to use the appeal form. Turn2us is the operating name of Elizabeth Finn Care, a registered charity (207812 / SC040987) I tell everyone about it. If you need a few weeks to get more evidence, you need to decide if it is worth waiting. Similar to the PIP appeal guide which is the best around. If you do this, the Tribunal is very unlikely to take away the benefit you get at the moment. Sometimes the panel will not be able to make a decision quickly. The fewer the points awarded, the more capable the claimant is for work and the more likely the claimant will be refused ESA or if in receipt of ESA, any ESA payment will cease. Be realistic about what you want to happen. They will make a new decision. You should ask for a copy of your assessment from the DWP office that is assessing your claim - the phone number to contact will be on any of the forms for your Universal Credit claim. Add each activity you dont think you have scored the right number of points for, and explain all of the difficulties that you have with that activity and what help you need (remember it doesnt matter that you dont get any help). Follow the advice in the guide and stay the course. They are here to see that you get the benefit if you can show you are entitled to it. Do you have a mobile or smart device? For most claimants, that is Health Assessment Advisory Service, although there are two centres run by the DWP themselves. Do whatever you feel most comfortable with. Work Capability Assessment Mandatory Reconsideration tool, Work Capability Assessment Tribunal Submission Tool, Work Capability Assessment Mandatory Reconsideration Tool, WCA Mandatory Reconsideration Request Letter Tool, PIP Mandatory Reconsideration Request Letter Tool. Have you used our Work Capability Assessment Mandatory ReconsiderationToolto check what points you should get, by your own assessment? How to budget your money on Universal Credit? If you don't have a passport, you will need to take three of the following forms of identification: You should take the following to your Universal Credit Work Capability Assessment: You can receive travel expenses back after you attend your Universal Credit Work Capability Assessment. If you were successful, you will usually receive your money in 4-6 weeks. We explain how to prepare for your Universal Credit Work Capability Assessment. This is important because once you have lodged an appeal, you can ask ESA to pay you on the assessment rate while you are waiting for the hearing. You will need to score a minimum of 15 points out of 255 points to be eligible for LCW or LCWRA. Appeal This means a panel of two experts who do not work for the DWP will look at your claim and see if the right decision was made. The rules say that the tribunal must make their decision based on how you are on the majority of days. There is a form you can use but we suggest that you write a letter using our free Work Capability Assessment Mandatory ReconsiderationTool. The report from the assessor said I had seizures every 3 to 6 months, rather than 3 to 6 times every month. If how your illness or impairment affects you changes and you need different amounts of help on different days, you will need to make this clear. The main difference is that they called the two groups in each benefit by different names. But it is probably best to avoid the temptation to vent your frustration about the assessment or the assessor here. Read through it and look for anything you don't agree with. If they dont change their decision, you should appeal. It doesn't matter if you get upset. If you do this, follow up your request in writing. How to fill in your Universal Credit application form. Longer delays will need better explanations. Don't worry about using the 'right' language or buzz words. In some circumstances, they will pay for a taxi for you but you need to get this agreed in advance (you are likely to need a letter from your doctor saying that you cannot use public transport). You can go alone or take a friend or family member with you for moral support. If you want to ask for a mandatory reconsideration and an appeal at the same time you can, but it is best to do one or the other. Or if they would be unable to look for jobs, and go to meetings and training on time and without fail (perhaps because of depression or confusion) there is a substantial risk that their benefit payments would stop and they would be unable to feed or care for themselves. Step 4 Ask for an appeal. Dont worry, it wont be nearly as frightening as you might think. In the unlikely event that the panel are considering a reduction of your existing award (for example because you appealed the decision not to put you in the support group, and the panel feel that you may not be entitled to any award at all), the judge will give you warning and ask if you want a few minutes to consider your options. Clerk to the Tribunal This is the person who organises the hearing and deals with the paperwork and admin. They should explain that you can do this. Richard Stacey from St Pauls Advice Centre, Sangeeta Enright from Cystic Fibrosis Trust, Chris Beer from Friendly forms, Annie Sands from Autism Anglia, Sheran Taylor from East Devon CAB, and. Work Capability Assessment questionnaire. Going into a lot of detail may seem unnecessary, but it will help the panel understand your condition. Can't wait for the MR tool. How to apply for a Universal Credit advance payment. How can I get financial help if I have a Universal Credit sanction? Copies of the evidence and/or the statement you have sent in beforehand. You should make notes on the following: You can use the answers you put on the health questionnaire as a starting point as this way, if you feel that the assessor does not ask you relevant questions, you can make sure you tell them how your illness affects you. 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