ESA/Full time student help.

Alice_Holt

minimad1970 wrote: »

When I got to uni yesterday to collect my son I found him collapsed on the floor and an ambulance had been called. He was in agony and couldn't breathe, he said he thought he was going to die, it wasn't like his usual panic attacks. The hospital ran an ECG, blood test and a chest x-ray and they think it's either a bacterial or viral infection so he's being treated for both. They did say that the stress of all this wouldn't have helped. So I think due to this he'll put in for MR but not take it to a tribunal.

As Tommo says, he can ask for a paper hearing.

Please do go ahead with an appeal, don't stop at the MR stage:
a) The DWP rarely change the decision at MR stage;
b) Once the appeal is lodged ESA payments can resume;
c) You will have plenty of time to put together your evidence for a paper hearing (and explain why he can't attend a hearing), as the TS have a long backlog of appeals.

Can he / you get help with the appeal?

I may have posted this already, but it's a really good guide to the appeal process:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
Deals with PIP, but the appeal process is the same.

minimad1970

Thank Tommo and Alice.

Once he's feeling better I'll go through the options with him again. He's also upset at the amount of inaccuracies in his assessment report, and worried that this might somehow affect his DLA award.
He can get help from a local disability service.

poppy12345

minimad1970 wrote: »

He's also upset at the amount of inaccuracies in his assessment report, and worried that this might somehow affect his DLA award.

They are 2 completely different benefits and one doesn't affect the other. Although he will eventually be invited to apply for PIP because DLA no longer exists for people of this age.

minimad1970

poppy12345 wrote: »

They are 2 completely different benefits and one doesn't affect the other. Although he will eventually be invited to apply for PIP because DLA no longer exists for people of this age.

I know they are and so does he but this has really knocked his faith in the benefits system. His autism makes it hard for him to understand how the assessor is able to lie in his report. I'm sure once he calms down and fully recovers from the illness he'll feel up to doing what he needs to do. Thanks.

[Deleted User]

I had similar with a PIP assessment. It was like the assessor only mentioned things that added up to a 'no', and told some bare faced lies. She was rather callous too so I didn't expect any difference when I saw the report. She made the assessment as difficult as she possibly could. It did confuse me, I hate assumptions on no evidence being made the way she did (I have autism too) but also made me a little angry (not in a rabid way) which gave me strength to see it through the appeal process.

If there had been a slightly positive result, I probably wouldn't have bothered, but the lies made me prepared to see it through.

I went from zero points to enhanced care and mobility at Tribunal. It has transformed my life. Not only in terms of finances but also confidence.

MR often seems to be a chance for DWP to justify their decision, not actually look at what happened, check inconsistencies etc. They actually made more assumptions and added more lies (it was suddenly announced that I was fit because I was able to pick up both my german shepherd dog and an unfortunately over weight spaniel. This didn't happen, was never going to happen lol, I would have been picking up well over 40Kg lol. It was quite ridiculous).

The way I settled it in my mind was to call it a game, the assessor thought she was going to win this 'game' by lying, I was going to win by providing evidence and tell the truth, pointing out the inconsistencies. That's where autism is useful, we see inconsistencies where others possibly wouldn't. Calling it a game removed some of the feelings about the lies.

I guess I won. I just wish there was a disciplinary process in place which called assessors in to explain how they can say zero points in assessments and a tribunal awards 14 for care and mobility. Say this happened with someone who marks exams.., they'd be dragged through hot coals.

Your son can get through it with support and seeing it as a sort of game. It is hard and stressful but can be coped with. The tribunal people were actually very nice and kept things calm. You can ask for a break if it gets overwhelming.

Alice_Holt

"I went from zero points to enhanced care and mobility at Tribunal. It has transformed my life."

This, sadly, is quite common at my CAB - such is the appalling quality of some assessments.


Brilliant post, Dean.

I would estimate our success rate for tribunals at close to 90%. (Remember this is after rejection by the DWP at the MR stage).

I also think your comment about making it like a "game" (of wills) is spot on. It really helps to have a knowledgeable representative , as then the process becomes more dispassionate for the claimant.
You are quite right about tribunals - they are very thorough, so try to put the claimant at ease to get the info needed to make a correct decision.

calcotti

The awful thing is that people caught in the middle of 'the game' are those who need, and are entitled, to help. Not only does the DWP's incompetence do a huge disservice to these people but it also costs the Ministry of Justice (and therefore the taxpayer) a huge amount to run the tribunal service but there is no come back on the DWP or the assessment providers.

Alice_Holt

calcotti wrote: »

The awful thing is that people caught in the middle of 'the game' are those who need, and are entitled, to help. Not only does the DWP's incompetence do a huge disservice to these people but it also costs the Ministry of Justice (and therefore the taxpayer) a huge amount to run the tribunal service but there is no come back on the DWP or the assessment providers.

Indeed.
Couldn't agree more.

And that's for claimants who can get help. After the end of legal aid funding for social security cases , many will not be able to get this help.

It's not only DWP incompetence, I'm increasingly despairing at the cynicism of the DWP "gaming" the process against claimants.
When my CAB get the huge majority of appeals rejected at MR stage then allowed at appeal, it makes me very sceptical about the MR process.
And the replacement of the old GL24 one stage appeal process with a two stage process - MR then a separate (time limited) paper appeal to the TS, struck me as a measure designed to deter claimants from appealing.

I would really urge claimants to appeal flawed decisions.
https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad
(Since when, successful PIP appeals have increased to 71%!).

minimad1970

Thanks deanna. My own ESA assessment was exactly the same, outright lies in the report. I took it to a tribunal but they upheld the decision, but did sympathise about the report and said it was something they frequently hear.

My son is most upset by the fact that he told her he'd had thoughts of suicide, which is something he's never admitted before and she wrote "no thoughts of ending his life" on the report.