Is there any point appealing?

calcotti

Given the sum of money involved I would be inclined to appeal. This needs to be done within one month of the MR. As previously advised you do not have to set out everything now, it should be enough to outline the circumstances and highlight the mental health issues. All that ends to be established to register the appeal is that there are valid reasons for an appeal to be heard. Remember that at this point you are appealing the decision to stop the ESA for not attending the WCA assessment on the grounds that there was 'good reason' for not attending. You are not trying to prove what the outcome of the WCA should have been. Full information to support the argument can be provided later.

However when we comment on a forum we do not know the individual concerned, how aware they are of what is going on and whether the appeal process would cause them additional stress.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721778/dmgch34.pdf
There is guidance here on good reason in relation to sanctions - I think the same principles apply for non attendance at WCA assessment.

Meaning of good reason
34203 Good reason is not defined in legislation. DMs should take into account all relevant information about the claimant’s circumstances and their reasons for their actions or omissions.

34204 The concepts of ‘good cause’ and ‘just cause’ were considered in case law. It includes facts which would probably have caused a reasonable person to act as the claimant did.

34206 Claimants have to be given the opportunity to explain why they have not complied with requirements and it will remain the responsibility of the claimant to show good reason for the failure and provide information and evidence as appropriate to explain why they have not complied. It is the reasonableness of the claimant’s actions and behaviours that is being considered

34214 Any requirements placed on claimants should be personalised according to their needs and circumstances ...
Note: The DM should also be mindful of any temporary easements that may apply to particularly vulnerable claimants who have complex needs and are suffering personal crisis or life events ....

What constitutes good reason
34228 Examples of a claimant’s circumstances which should be treated as contributing to good reason for an action or failure include those who
...
2. have mental health conditions or disorders(see DMG 34236)

Mental health
34326 Claimants may have good reason if they .. fail to carry out tasks or participate in relevant activities if they were experiencing poor mental health which meant that
1. they were not able to comply with a reasonable request or
2. complying with the request in question would put their mental health at risk or...

34327 The DM should consider each individual case on its own merits taking into consideration all the facts and evidence and whether the claimant understood what was required of them and their reasons for the failure taking into account in particular their mental health and how it affected them at the relevant time.

34328 As well as giving consideration to those claimants who have a clinically diagnosable mental health condition the DM should consider whether a claimant who has no diagnosed condition may be temporarily distressed by particular circumstances that could worsen or precipitate mental ill health, ....

Obviously, if you are arguing mental health it will help to have some evidence of this even though not receiving treatment or taking medication. Unfortunately DWP will often take lack of treatment or medication as evidence of lack of illness. Tribunals have accepted in the past that this is not logical - some conditions do not respond to treatment, some people find treatment makes them worse etc.

happyandcontented

Thank you (and everyone else who has posted) for your help I feel much more able to help my friend now.

Do you think that a 'papers only' appeal would be suitable in this case? I think that she could do that without stress and be able to get a backdated medical certificate from her doctor for the cause of her illness on the day.

calcotti

happyandcontented wrote: »

Thank you (and everyone else who has posted) for your help I feel much more able to help my friend now.

Do you think that a 'papers only' appeal would be suitable in this case? I think that she could do that without stress and be able to get a backdated medical certificate from her doctor for the cause of her illness on the day.

Again, I think you have to look at the individual circumstances. Face to face tribunals tend to be more successful but if that causes too much stress (and if she might simply fail to go) it would be wrong to do this and a papers only tribunal is worth a go. Even if the tribunal goes against her she is no worse off.

happyandcontented

Thank you, I believe I can write a compelling appeal for the non-attendance and she will be able to get medical evidence for the day concerned. I think a paper appeal is the way to go, as her MH issues mean she could not cope with a face to face appeal. How she fares with the WCA remains to be seen as her MH issues do not preclude most of the descriptors.

How many points are needed to achieve an award? I think she will only get points in categories 9 and10.

calcotti

happyandcontented wrote: »

Thank you, I believe I can write a compelling appeal for the non-attendance and she will be able to get medical evidence for the day concerned. I think a paper appeal is the way to go, as her MH issues mean she could not cope with a face to face appeal. How she fares with the WCA remains to be seen as her MH issues do not preclude most of the descriptors.

How many points are needed to achieve an award? I think she will only get points in categories 9 and10.

To be found to have Limited capability for Work 15 points are needed - this doesn't give any extra money in the UC award but does mean that there is no requirement to look for work.

To get LCWRA (= ESA Support Group) she simply needs to meet any one of the descriptors in the list on pages 19 and 20 of this document https://www.rethink.org/media/1313/work-capability-assessment-wca-factsheet.pdf

It is also to possible to get LCWRA on the grounds of substantial risk to self or others as explained here https://wcainfo.net/issues/substantial-risk-lcwra. (Lots more useful information on the https://www.wcainfo.net website.)