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7 years 10 months ago #160859 by homer
esa tribunal was created by homer
hi, a relative of mine has an ESA tribunal hearing coming up, because of her mental health problems and how they affect her she is dreading the prospect of having to stand up and speak in front of a group of strangers, can somebody else speak on her behalf so the full impact of how she is affected daily can be conveyed effectively and in full

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7 years 10 months ago #160860 by Gordon
Replied by Gordon on topic esa tribunal

homer wrote: hi, a relative of mine has an ESA tribunal hearing coming up, because of her mental health problems and how they affect her she is dreading the prospect of having to stand up and speak in front of a group of strangers, can somebody else speak on her behalf so the full impact of how she is affected daily can be conveyed effectively and in full


They would need to seek permission from the Judge of the hearing in advance, it would be unusual for anybody but a trained Representative to be allowed to do this but they lose nothing by asking. They need to explain why they could not represent themselves and how the person that would speak on their behalf has sufficient knowledge to do so.

Gordon

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7 years 10 months ago #161012 by homer
Replied by homer on topic esa tribunal
good news, she had her tribunal today, her father escorted her to the hearing and he was in fact allowed to speak in part for her during the hearing and he had the opportunity at the end to speak at length about how her condition impacts her and her family,s life.

she was awarded an extra 15 points on top of the 6 she was originally awarded for getting about. the 15 points were awarded for aggressive or disinhibited behaviour that would be unreasonable in any workplace, this was great news but what was a little confusing about the decision was that she was then placed in the work related group seems a paradox to my thinking.

many thanks for your advice and support

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7 years 10 months ago #161038 by Gordon
Replied by Gordon on topic esa tribunal
Homer

Glad to hear that they found in her favour.

Tribunal Decision usually take 5-8 weeks to be actioned, you might want to give the DWP a call next week to make sure that they have received the Decision Notice.

People read more into the names, WRAG and Support Group, than there actually is, especially politicians, she's in the WRAG because she met the criteria not because of any defined ability to get into the workplace.

You do need to be aware that being in the WRAG means that she will be subject to Work Focussed Interviews and Work Related Activity at her local JC+, failing to participate without Good Cause can lead to her benefit being sanctioned. Anything she is asked to do must take into account her limitations as accepted from the ESA50, so you might want to spend the next few weeks looking at some strategies for dealing with these requests.

Gordon

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7 years 10 months ago #161052 by homer
Replied by homer on topic esa tribunal
thanks for your response, i am a bit confused though, how is she expected to work or find work when the points she was awarded, were for exhibiting disinhibited or aggressive behaviour which would be considered unreasonable in any workplace, presumably that would rule her out of group work related activitey at the local job centre or indeed why would they deem it necessary to find work when she cant cope with a work enviroment

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7 years 10 months ago #161059 by Gordon
Replied by Gordon on topic esa tribunal

homer wrote: thanks for your response, i am a bit confused though, how is she expected to work or find work when the points she was awarded, were for exhibiting disinhibited or aggressive behaviour which would be considered unreasonable in any workplace, presumably that would rule her out of group work related activitey at the local job centre or indeed why would they deem it necessary to find work when she cant cope with a work enviroment


Unfortunately, there is a huge discrepancy between why claimants are placed in the WRAG and there ability to fulfil the requirements of the group. She is specifically not required to work or to seek work, but is required to prepare to work and the activities she will be asked to do will (in principle) support this.

Gordon

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