Parent in bad way after a failed ESA assessment, need advice

poppy12345

You can send extra evidence to the Tribunal, if she gets that far and they will look at all evidence you send, that's not what i said. What i said was the Tribunal won't take into consideration any worsening of a condition since the decision was made. So during the appeal hearing if they see that she appears to be worse then they won't take that into consideration.



I'm not sure what else to advise you for what evidence to push for, other that what i've already stated. I have no idea how her conditions affect her, which is why it can be useful to get help at this stage from a local disability advice centre near her.

gizzmansl2

poppy12345 wrote: »

You can send extra evidence to the Tribunal, if she gets that far and they will look at all evidence you send, that's not what i said. What i said was the Tribunal won't take into consideration any worsening of a condition since the decision was made. So during the appeal hearing if they see that she appears to be worse then they won't take that into consideration.



I'm not sure what else to advise you for what evidence to push for, other that what i've already stated. I have no idea how her conditions affect her, which is why it can be useful to get help at this stage from a local disability advice centre near her.

Oh ok, sorry poppy i understand what you mean, at a tribunal do you know if we can argue the points as to why she does deserve so and so even without hard evidence as once the assessments passed its imposible to get records after so any evidence we have will only be gotten after the assessment took place but will still apply to her conditions. For example she didnt/struggled too convey the real extent of her conditions on so and so question which is true because of her mind state and we can explain the real truth. For one they gave her zero points for going out unaided/new places which is totally wrong as she cant go out without someone and we said as much at the assessment so i know we cant call them liars but a lot of it was not conveyed across properly.

calcotti

You need to set your arguments out in writing and send them to the tribunal in advance. At the tribunal itself the panel will wish to speak to the claimant to explore further how her health impacts her. Their questioning will be guided by what they have seen in the evidence prior to the hearing.

poppy12345

gizzmansl2 wrote: »

For one they gave her zero points for going out unaided/new places which is totally wrong as she cant go out without someone and we said as much at the assessment so i know we cant call them liars but a lot of it was not conveyed across properly.

You need to understand the descriptors for each group for ESA and this says you don't fully understand them. There's no points available for not being able to go out alone for ESA, that would be for PIP.



Here's the descriptors for each group. Being placed into the Support Group isn't about scoring points, it's about satisfying at least one for the descriptors.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors


https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


Reg 29 and 35 explained here.
http://www.cpag.org.uk/content/making-exception


Reg 35 might apply to her.

gizzmansl2

Thanks everyone, i did read the descriptors but got mixed up sorry, there is a lot she matches like not bathing/washing since her traumatic experience a few years ago and doesnt eat for weeks on end and many others that surely fall into some of the criteria and we will say that.

Just confused as to how to gather evidence that was never there at the time because naturally she was on esa at the time so didnt need any nor knew this would happen so maybe a doctors note after the fact etc might be all we can muster.

poppy12345

A DR's fit/sick note won't help her here. The evidence she needs is what will prove she's not fit for work. It doesn't matter if it wasn't sent in as evidence when the form was sent. They will still take it into consideration. What they won't take into consideration is a worsening of condition since the decision was made. I still think you're missing the point her, sorry. You should be looking at the Support Group descriptors or reg 35. Getting into the Support Group isn't about scoring points.

gizzmansl2

poppy12345 wrote: »

A DR's fit/sick note won't help her here. The evidence she needs is what will prove she's not fit for work. It doesn't matter if it wasn't sent in as evidence when the form was sent. They will still take it into consideration. What they won't take into consideration is a worsening of condition since the decision was made. I still think you're missing the point her, sorry. You should be looking at the Support Group descriptors or reg 35. Getting into the Support Group isn't about scoring points.

I do understand, i spose i was merely saying thats all. Yes reg 35 is very fitting but we told them before she is su*****al especially as she did actually go ahead before and try it and needs time to recover from such an ordeal and she will end up in that dark place but that was ignored and its hard to prove as no one wants too listen nor is it easy to find help with these sort of things. Shes genuinely terrorfied about the thought of going into the wide world because of the damage shes done to her body and mind and the constant battle with her mental self so its very hard to have people wanting to back you and help fight your corner.