ME Sufferer - Appeal Won!

This is just an update.

My son who has had ME for 14 years and suffers with depression and various stomach problems/ mineral defficiencies related gastric surgery, was awarded 6 points for mobilisation descriptors in a Work Capability Assessment in June.

We asked for an Mandatory Reconsideration as we have done on two previous occasions when he got no points, but this time we got no where and therefore appealed which was new ground for us.

We went to court last week. A lot of people told us it wasn't as bad as the medical. In some ways this is true in some ways not. We didn't have a barage of specialist or other HCP's evidence to help us. We just had a letter of support from our GP and our written submission which was aimed mainly on trying highlight the inaccuracies of the WCA and to prove Exceptional Circumstances.

The Dr and Judge were polite and sympathetic and asked relentlessand probing questions for an hour. At the end I was convinced we had no chance.
They awarded him 18 points and found in our favour !

They gave him 6 points for mobilisation on physical descriptors and 12 point on mental health descriptors which is something we highlighted lots in the ESA 50 form but didn't embellish in his submission.

He is now back in Wrag for 18 months. He has already served his two years on the Work Program so I think we will be back dealing with the local Jobcentre. By the way the WP turned out not to be too bad an experience over all. He was expected to attend one to one meetings every four weeks with what turned out to be a procession of different job coaches. The meetings lasted 15-30mins. He managed to attend them all bar the last one.

Back to the Appeal I would say to anyone- forced to follow the same path. Don't give up! that is what they want you to do. We almost did when we looked at the effect it was having on our son- making all his symptoms far worse.

It is stressful both preparing for an appeal and undergoing one. However it was my son's verbal evidence that was the biggest weapon. Thinking about the questioning now, I can see they were being very thorough and probing for grounds on which to award more points. It was painful but necessary. We have 18 months grace now until the process starts again.

The best bit by far seeing it in writing 'the Secretary of State's decision is set aside'.

Well done!

But I'm rather surprised given his condition he's not in Support Group of ESA.

Great news Beekles! Thanks for taking the time to let us know, it does encourage other members when they see people finally getting what they deserve

Thank you for the comments.

I hope our experience may help others. This forum has been an invaluable source of information and inspiration over the time we have been on the boom and bust cycle of ESA50 forms and medicals.

I have noticed nowadays there are far more PIP and DLA posts here which thankfully as yet don't relate to us.

Those like us with difficult illnesses to prove have been lost to the wayside or had to become JobSeekers when they are really not fit to be.

The road to appeal is not an easy one specially when when all the DWP has to lose is money but the appealer has the stress and worry that can jeopardise an already fragile state of physical or mental health.

The DWP didn't even admit we had won our case we just had the 'there has been a change in circumstances' letter- without of course stating what it was - bringing a wry smile.

All the best to those invloved in this struggle.

beekles