ESA Assessors/Nurses/Doctors

GlasweJen

My most recent report lists paraplegia as a diagnosis and then goes on to describe how I climbed a flight of stairs. They also stated that I wouldn't black out if I sat down in the shower - well since sitting is all I can do and I still black out how did they come to that conclusion?

Allegedly 5 DWP decision makers have reviewed my case and none of them think I deserve an award, thankfully the tribunal disagreed

Diary

When I had my first PIP assessment in 2013 the assessor told really offensive lies. This was then believed by the DWP and I was deliberately and systematically treated very badly by both from then on.

After I sent my MP a copy of my covert recording of the assessment ( the MP disbelieved anyone could be treated that way by DWP until he heard the cd) by ATOS in their office I was awarded PIP, apologised to and received monetary compensation from the DWP.

I am still trying hard to get the nurse who lied struck off for gross misconduct.

My more recent assessment was the complete opposite, not unexpectedly...

taboo65

Ames wrote: »

Anecdotes on here seem to suggest that the nicer and friendlier the assessor is the more inaccurate the report.

Absolutely! My assessor referred to me as "my love".. which I found creepy!!

Strummer22

Diary wrote: »

When I had my first PIP assessment in 2013 the assessor told really offensive lies. This was then believed by the DWP and I was deliberately and systematically treated very badly by both from then on.

After I sent my MP a copy of my covert recording of the assessment ( the MP disbelieved anyone could be treated that way by DWP until he heard the cd) by ATOS in their office I was awarded PIP, apologised to and received monetary compensation from the DWP.

I am still trying hard to get the nurse who lied struck off for gross misconduct.

My more recent assessment was the complete opposite, not unexpectedly...

Sounds like a good story! Well done for getting the right decision in the end. Is the full story told on the forum already?

Alice_Holt

Given that many assessments do seem flawed, it is important that the "How your disabilitlites affect you" form is completed to a reasonable standard.

At a tribunal, it is very helpful to be able to point out discrepancies between statements on the (say) ESa 50 form and the assumptions of the HCP.
However, if the claimants form doesn't identify any difficulties and neither does the WCA, putting the case to a tribunal that points should actually have been scored becomes difficult. Not impossible, as sometimes medical evidence, a GP's letter, carer's evidence can provide compelling tribunal evidence. But if we (the CAB) can't get such evidence (for instance the GP wants a fee for replying to a letter), then the chances of a successful tribunal are reduced, and relies principally on the oral evidence of the claimant / appellant.

With poor PIP forms I have at times suggested that, rather than appeal, we help the client with a new application.

However with ESa it has become more problematic, as the ability to re-apply after 6 months has been withdrawn. Any new ESa application (after a failed WCA) has to be on a new condition or with evidence that the pre-existing condition has "significantly worsened". Invariably the DWP will refuse the application on the basis that it is a pre-existing condition that has previously been assessed and refused. This can put the client in a really difficult situation. We have clients refused ESa who have been told by the jobcentre that they can't satisfy the claimant committment for JSa.

So, given the poor standard of WCA's, it is really, really important that the ESa 50 is completed to a sensible standard. I'm sure everybody on this forum will do that, will be aware of the points-based scoring system, and will be thinking past the WCA to a possible tribunal.