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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Speaking for claimant at an ESA assessment.

SALee93
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South Tyneside Homes

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If a claimant has a social phobia and has difficulty engaging with unfamiliar people, would at the ESA medical assessment it be acceptable for someone to speak on their behalf? Or would it be deemed that they are not engaging and therefore if they don’t speak for themselves a new assessment arranged?

 

Jane OP
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The National Autistic Society, Welfare Rights, Nottingham

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My understanding is that no one can actually speak on the claimant’s behalf at the medical - because it just isn’t possible to stand in for someone else at a medical.

But, if someone attends and isn’t able to speak that only goes to prove their difficulties and in that scenario it would be sensible for the assessor to gather evidence from the person accompanying them - if that person is someone like a friend or family member who is in a position to provide info about their day to day difficulties and support needs.

It happens quite a lot with autism, LD etc that the person isn’t able to engage very much at the assessment. In this situation it would be important to provide evidence ahead of the medical that shows why it is likely that the person will not be able to engage.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Agreed.  However, a common scenario:  benefit terminated “claimant failed to participate in the assessment”.

As jane advises “in this situation it would be important to provide evidence ahead of the medical that shows why it is likely that the person will not be able to engage”.

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Out of interest, their own guidance from the WCA Handbook:

3.1.3.3 Claimant accompanied by relative, friend, carer
Claimants are encouraged to bring a friend or companion with them to the assessment, and feel more at ease if accompanied. Indeed the companion may be a prerequisite to enable them to come to the Medical Examination Centre.
Companions will be able to give useful information, particularly in cases where the claimant has mental function problems, learning difficulties, cognitive problems or communication problems, or people who stoically understate their problems.
In individuals with learning disability or cognitive impairment the role of the carer may be essential to establish their functional capabilities.
Occasionally, a companion may wish to give too forcefully their own opinion on the claimant’s disability, perhaps giving a biased view.
If the companion is too intrusive, then you should point out that the claimant must be allowed to express their view.
The actual physical examination is not normally done in the presence of the companion, but strictly with the claimant’s consent, and if it appears a reasonable request, then the companion should be allowed to be present.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/408884/WCA_Handbook_Version_7_-_030315.pdf

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Shame this guidance doesn’t appear to make it to the assessors!

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Have a look at what happened to a client of mine recently at post 34 of this

http://www.rightsnet.org.uk/forums/viewthread/8401/P30

stevenmcavoy
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Welfare rights officer - Enable Scotland

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nevip - 15 April 2016 01:52 PM

Have a look at what happened to a client of mine recently at post 34 of this

http://www.rightsnet.org.uk/forums/viewthread/8401/P30

had a pip appeal recently where a client with a learning disability was turned down on application. on just about every activity (loads of which it wasnt even remotely relevant to) it was noted that the client had achieved a decent level of qualifications relatively speaking.

what was completely ignored was that this was done by attending an additional support needs school.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Oh we had a similar one! Client was a young person in special needs education and the HCP seemed under the impression that ‘special needs’ was something that only applied to exceptionally bright children (the HCP also apparently took at face value the client’s statement that he walked to school which was 500 miles away….)

Den DANES
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DIAL Lowestoft and Waveney

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Is there a similar paragraph in respect of PIP assessments?

Den DANES
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DIAL Lowestoft and Waveney

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It’s ok - found it