ESA Reassessment - Failed

I suffered a mild stroke in March 2015 and approximately 6 months later I started an ESA claim. This claim was mishandled in too many ways to count, but luckily I ended up in touch with someone at Belfast who ended up overlooking my case. Inititially I was awarded only enough points to be put in the WRAG but the person at Belfast got the case reassessed and got me put in the Support Group. Strangely I did not receive a copy of the health report or reason for upgrading from WRAG to SG, and I did not request these.

My stroke was due to an AVM (malformed blood vessel in my brain i.e. a non cancerous brain tumour) and this was treated by Gamma Knife Radiotherapy (same procedure as used for brain cancer patients) in October or November last year, and I have been advised the procedure takes up to 2 years to take full effect (normally I would have an annual MRI to confirm progress).

The AVM often causes me headaches at nighttime which mean I have difficulty forming a normal sleep routine, which then causes me great difficulty with attending pointments and following a regular lifestyle. (This is further compounded by the fact I have had sleep difficulties for a lot of my life). The Maudsley Hospital picked up on this and suggested I should be attending their sleep clinic but numerous attempts at actually commencing this have failed.

The Maudsley Hospital also diagnosed me with Atypical Autism and suggest further investigation needs to be performed whether I have ADD/ADHD but I need to be referred back for this to commence. I have requested local psych to do this twice and my GP, but this has not happened so I have given up. Also local psych services seem to have given up, after moving address they have just messed me around and I have got no-where with them so I have given up on them as well.

I had to move address due to domestic violence at the address I was residing at and I have since moved to an Universal Credit only area, hence commencing the UC version of an ESA claim.

This seemed to be ok where they did not make me perform a new medical until some period after my reassessment was due (approx. 3-6 months). My only notification was by text message about a week or two before the medical which severely restricted the time to collate various medical information (my paperwork is a total disorganised mess and I suspect I have lost many items), but I got my full medical history and completed an ESA50 form.

However I was surprised I was not allowed to submit the current/new ESA50 when I attended the medical. Of further note is that on my initial medical, I could not demonstrate problems I have with my neck as the assessor said these had the potential to cause serious problems with my AVM (blood pressure variations in brain). On this latest medical, no real physical examination was performed so not only did I not get a chance to prove physical problems with my neck and back, problems with both wrists which could easily be demonstrated were ignored. There inaccuracies in the report which I can prove as I recorded the assessment on my mobile phone (although I am uncertain about mentioning these as I did not say I would be recording the assessment at the time).

Brief summary of my medical conditions as stated on the ESA50 which was refused:

AVM - life threatening brain condition which can be aggravated by stress. Treated by same methods as cancer patients.
Insomnia - should be being treated but numerous attempts to commence treatment have failed
Mental Health Issues - still under investigation, massive failings in MH services. Current diagnoses of Bi-Polar disorder and Atypical Autism. Need investigation into ADD/ADHD.
The absent mindedness also might be absence seizures which need to be investigated
Asthma-diagnosed as teen, rarely suffer mild attacks.
Ingrown toenails - continually reoccur, not treated by NHS as I do not meet the current criteria for them to be operated on myself so I operate on these myself.
Reoccuring brief interruptions in ability to speak - have been advised this is most likely due to mild brain swelling due to radiotherapy
Poor memory/concentration/motiviation - possibly due to stroke, medication, uncertain to say.
Anger problems since stroke - quite likely due to medication.

This is a brief summary as I could write pages, but I am surprised to have received a letter approxmistely 3 months after the assessment that states I have only got 6 points on dealing with other people.

In my opinion I should have scored maximum points on the following activities:

10a - This is uncertain but under investigation
11a+b - Have ability very forgetful so cannot perform reliabily
12.
13. Sleep difficulties cause me problems with attending appointments. MH issues cause me issues with motivation.
16a - Can meet people in a "professional / serious" context with a little difficulty. However cannot socially interact unless I drink alcohol heavily which then often causes me to behave inapproprately.

17a- Often tend to snap at people (even those helping me), problem developed after stroke so impossible to determine whether this is stroke after effect, MH issue, or due to medication at present.


However my major points are that I am suffering from a life threatening brain condition which can be aggravated by stress, and I have had radiotherapy to my brain using the same method as used by brain cancer patients, therefore I should be considered under special rules for these two reasons. Since the reassessment, my condition has worsenened, and my temporary (30seconds-1 mins) total loss of speech has become more frequent, and I have twice suffered episodes where I have ended up requiring hospitalisation due to severe reoccuring seizures as I had to be put under heavy sedation and slowly brought out of coma and back to consciousness (was at Charing Cross neuro dept for 2 days, and Charing Cross ICU for 16 days) .During the more recent episode I was After the most recent episode I have been advised I need to be supervised by family 24/7 to ensure I do not behave strangely, and to ensure my medication is correctly taken on time.

So I am asking now how is best for me to proceed to have my reassessment reconsidered?

Thank your for the reply, but every time I click the link it says I need to subscribe, but I believe I have subscribed to this site for a year a few months ago.

The letter I have received says I can ask on the phone or by writing for an explanation in writing of the report I have received.

It then states I can ask for a reconsideration of the letter I have received (within a month of the letter date) which will start a mandatory reconsisideration.

It then states if that fails I can attend a tribunal.

To me logically it seems first I should phone up and explain my disputes and ask for an explaination, but I fear the response will arrive after a month (or very close to a month) which will prevent me from proceeding to further stages of complaint.

Am I being over cautious or would that be a sensible way to proceed?

Sorry to add another question.

If it is not possible for me to collect all the relevant medical evidence (the specialists looking after me may not be able to reply instantly), is there any way to get the 1 month limitation extended to allow information to be gathered?

If I ask the DWP to contact the relevant specialists directly, will they do this and wait for responses?

I thought I would come back to report success

I phoned the telephone number and asked numerous questions about why the report had numerous major errors and I was told to email these to a person at Belfast.

I did so, and I highlighted that page 39 of the WCA handbook specifically states benign brain tumours being treated by radiotherapy may be eligible to be considered under the special rules for cancer.

I received a phone call to say my submission was unsuccessful, so I laboured this point again. The person said he would consult someone else, and a few days later I received a telephone call and paperwork stating I am back in the support group for another year.