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ESA appeal
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5 years 11 months ago #211792 by bigcoat
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After my father's Mandatory Reconsideration being turned down, we are now in the process of launching an appeal. We, (my father's collective family), do not really understand the reasons put forward by the decision maker & I'm hoping you could make things clearer. He's quoted Regulation 35, 'which states that a person can be treated as having limited capability for work related activity, if there would be a substantial risk to them or anyone else if found capable of work related activity'. That is how it's stated word for word & we think it contradicts itself the way it is worded. He goes on 'the least demanding type of work related activity could be having a telephony based review of your health condition with signposting to local services beneficial to your wellbeing, and these activities would improve your motivation. The most demanding type of work related activity could be getting up & dressed by a certain type each day, and keeping a log to chart progress.'
I have done a self assessment on my father through your site & based on that he would be placed in the support group. My father never leaves the flat unless accompanied by a family member, does not answer a phone & certainly does not have 'Consciousness & Coping with getting about on your own', nor 'Going up & down steps', as quoted in the notice. He's visited daily by family & relies on us to do most aspects of everyday life.
If you could explain the main points the DWP are basing their case on I would be most grateful. Much of it is gobbledegook to me.
Thankyou Gordon.
Charlotte Berry, Kevin Berry's daughter.
I have done a self assessment on my father through your site & based on that he would be placed in the support group. My father never leaves the flat unless accompanied by a family member, does not answer a phone & certainly does not have 'Consciousness & Coping with getting about on your own', nor 'Going up & down steps', as quoted in the notice. He's visited daily by family & relies on us to do most aspects of everyday life.
If you could explain the main points the DWP are basing their case on I would be most grateful. Much of it is gobbledegook to me.
Thankyou Gordon.
Charlotte Berry, Kevin Berry's daughter.
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5 years 11 months ago #211813 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal
Bigcoat
Do you know how your father qualified previously for the Support Group and how did he qualify for the WRAG on this assessment.
The ESA criteria is explained in far more detail than I can manage on the forum in the ESA Claim guides burt to try and provide some context.
There are two Substabtial Risk Regulations, 29 and 35; the former is about the risk to the claimant or others if they were found Fit for Work, the latter is concerned with the risk if the claimant was asked to do Work Related Activity. The DWP are saying that they have considered Regulation 35 but believe that there are examples of WRA that you father could complete so will not award for this.
You say you have done the self-test for him, which of the ESA activities did you expect him to score against?
If you are not aware, there is a clear break between the reasons that a claimant can score for questions 1-10 and the reasons for 11-17. The former requires the underlying cause to be a physical one and the latter requires it to be a mental health or cognitive problems. So as an example; for your father to score for Going Out he must have a mental health issue such as agoraphobia or possibly Social Anxiety, if his problems are physical then he won't score.
Gordon
Do you know how your father qualified previously for the Support Group and how did he qualify for the WRAG on this assessment.
The ESA criteria is explained in far more detail than I can manage on the forum in the ESA Claim guides burt to try and provide some context.
There are two Substabtial Risk Regulations, 29 and 35; the former is about the risk to the claimant or others if they were found Fit for Work, the latter is concerned with the risk if the claimant was asked to do Work Related Activity. The DWP are saying that they have considered Regulation 35 but believe that there are examples of WRA that you father could complete so will not award for this.
You say you have done the self-test for him, which of the ESA activities did you expect him to score against?
If you are not aware, there is a clear break between the reasons that a claimant can score for questions 1-10 and the reasons for 11-17. The former requires the underlying cause to be a physical one and the latter requires it to be a mental health or cognitive problems. So as an example; for your father to score for Going Out he must have a mental health issue such as agoraphobia or possibly Social Anxiety, if his problems are physical then he won't score.
Gordon
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5 years 11 months ago #211818 by bigcoat
Replied by bigcoat on topic ESA appeal
He suffers from Social Anxiety & depression. He scored 15 points on 17 (b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace
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5 years 11 months ago #211823 by Gordon
OK, so if you can show that he has daily issues rather than frequent ones then this would qualify him for the SG.
Even if you can show he has problems with Going Out, none of the Descriptors lead to an SG award.
He could qualify for the SG for Coping with Social Situations, but if he has not scored at all for it then it could be a real struggle to show he meets 16(a). That doesn't mean that you should not make an argument but it will need to detailed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal
bigcoat wrote: He suffers from Social Anxiety & depression. He scored 15 points on 17 (b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace
OK, so if you can show that he has daily issues rather than frequent ones then this would qualify him for the SG.
Even if you can show he has problems with Going Out, none of the Descriptors lead to an SG award.
He could qualify for the SG for Coping with Social Situations, but if he has not scored at all for it then it could be a real struggle to show he meets 16(a). That doesn't mean that you should not make an argument but it will need to detailed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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