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10 years 1 month ago - 10 years 1 month ago #119093 by MariW
Blog post about ESA was created by MariW
I’m wondering what on earth to make of this blog post:

kickingtoryassonwelfare.wordpress.com/20...ability-assessments/

I would welcome the Mods’ thoughts on the content regarding the two issues that struck me immediately:

1. Presentation of self at an ATOS F2F

“Please be aware – and I know this is horrific – that if you turn up clean, wearing makeup or with children in tow this will be used against you as evidence you are able to cope. It’s up to you what you do about that last piece of information – I know it’s disgusting and demeaning and based on lazy stereotype, but they want their pound of flesh, and if you look clean, tidy and are fairly articulate, it increases the likelihood of being found fit for work.”

I would never present myself as other than I am...or rather as I manage to be with a lot of help. Indeed, my full-time carer has said she would never support such a ploy and I’m counting on her to help me to and through a F2F is one is required required.

2. Inclusion of evidence in ESA 50

“For new claims never send any supporting information the first time because having new supporting information is the grounds for appeal.”

This flies in the face of advice issued by B & W and some claimants’ need to explain rare and complex medical conditions. Surely, when applying for ESA or migrating from another benefit the idea is to get into the right group straight away, preferably minus a medical, rather than prepare for MR and Appeal. That said, I have been told of two stroke patients who were issued similar advice by a solicitor specialising in welfare. The claiments live in the same area of the UK but would have been migrated to ESA by different benefit offices. They supplied minimal information on the form and did not attach any supporting evidence. They were both awarded three years in the Support Group without F2F interviews.

So, Mods, what do you make of it?

Mari W
Last edit: 10 years 1 month ago by Gordon.
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10 years 1 month ago #119096 by Gordon
Replied by Gordon on topic Blog post about ESA
Mari

We all know that much of the ESA assessment is based on assumption, so how the claimant presents themself at the interview will be something that the assessor will consider. My advice would be that if a claimant has issues that limit or prevent their ability to look after themselves then they should not make a special effort to "clean" themselves up just for the interview as it would not be reflective of how they normally are. Trying to fool the assessor rarely works in the long term.

As to holding back evidence, I have heard this suggestion before and it makes absolutely no sense to me, as you say, why put yourself through an assessment that might be avoided with more evidence, why wait the best part of a year to receive the correct award at a Tribunal when you might have been awarded it by the Decision Maker.

As to the two cases you mention, if they were recent stroke victims then it is very likely that there will be information, either at the hospital that treated them or with there GP, as to any loss of function that occurred as a result of the event, whilst ATOS don't contact the people treating a claimant nearly as often as they should, it sounds like they did in both of these cases.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 1 month ago #119101 by MariW
Replied by MariW on topic Blog post about ESA
Gordon,

Many thanks for such a detailed reply.

I fully aggree that a claiment who cannot deal with personal hygene ought not to make a special effort to “clean up” for the benefit of the HCP but the blog appeared to suggest a claiment who can manage or manage with help from a carer should go out of his/her way to look worse that usual.

I am heartilly releived that you maintain the B & W stance about evidence. I cannot imagine going about things any other way. I’m going for an outright win not some long drawn out battle.

The stoke patients? I only have details of one of them. His CVA was almost twenty-five years ago, leaving physical and cognitive impairments that are unlikely to improve at this stage. If both claiments’ GPs were contacted I’m wonder whether the fact that the forms were sent to ATOS by a solicitor caused the claims to be treated with more than usual respect. What do you think?

Mari
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10 years 1 month ago #119112 by Gordon
Replied by Gordon on topic Blog post about ESA

MariW wrote: I’m wonder whether the fact that the forms were sent to ATOS by a solicitor caused the claims to be treated with more than usual respect. What do you think?

Mari


Even if they did, I do not think that it offers any guarantee that they would in similar circumstances for another claimant.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 1 month ago #119113 by Billy
Replied by Billy on topic Blog post about ESA
Hi M

I had a face to face assessment many moons ago with ATOS and the female doctor said to me
Quote,"Is that your holiday trainers I take it you will be flying off on holiday after this assessment"
I honestly could not believe what she had said
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10 years 1 month ago #119115 by MariW
Replied by MariW on topic Blog post about ESA
Gordon,

I was just mulling over the possibility of finding a solicitor to write a covering letter and walk my ESA 50 to the Post Office when the times comes... ;)

MW
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