Alleged unethical, unprofessional, and completely unacceptable practice in ESA Appeals process

We assisted a client with the completion of his Appeal Enquiry form and had received the sub papers. He contacted us and was very distressed due to a phone call he had received from an alleged DM in Southampton. The client states that the caller informed him that Southampton were dealing with the appeal, due to the large workload at Derby JC. The client says that the caller tried his best to get him to withdraw the appeal, repeatedly telling him that it looked as if he had no case. He asked, and according to the client (in a very aggressive manner) to comment on answers he had written on the claim form, saying that client had failed to identify any difficulties, and asking him “what have you got to say to that?”. Client declined to comment on what he may or may not have written as 1) He did not have a copy of Clf in front of him 2) He suffers from Mental Health issues which, at the moment, impact upon his memory and concentration.

The caller asked client if he had any further evidence. Client replied that DCC WRS are his representatives, and that they are dealing with his appeal. Client says the caller then said “Oh, WR, they will have told you not to say anything to me, as it will put you at a disadvantage”. Client declined to comment on that. The caller finished by asking client again if he wished to withdraw appeal as he had not identified any difficulties, had no further evidence,that the WCA states he has no difficulties, and it was unlikely his appeal would be successful. At this point, client ended the call.

We at first thought that this was a 1 off but we have received another report from a client as well as further reports from other advice agencies within the Region. We are deeply concerned regarding this practice especially if this is happening elsewhere as there are many claimants/appellant that do not have representatives and if it is some form of Alternative Disputes Resolution (ADR) as the duly authorised representatives we should be informed.

Any examples of this practice happening in other areas would be greatly appreciated

Kevin

I assume that the record of this telephone call would have to be set out in the appeal papers as evidence- I wonder if the DWP have HMRC style CDs of ‘phone conversations that could be transcribed or played to a Tribunal.

Thanks for all your replies.

I understand that this may be a good use of resources for a “Decision Maker” to discuss further the merits of a decision. A decision made by an ATOS approved medical professional and virtually rubber stamped by the JC+ DM’s but once the appeal is registered and Secretary of States submission papers submitted surely it is then the property and responsibility of the Tribunal Service,as it is within the judicial process. I welcome any appropriate and legitimate process that can reduce the amount of appeal especially ESA and this could be realised by better decision making and more thorough medical assessments but I am concerned that given the external pressure now being placed onto the Welfare Benefit system and the drive to reduce claimants appealing decisions I wonder if any appellants are feeling harassed or intimidated be it intended or not. We are aware that many ESA appellants suffer with mental ill health issues and can easily be confused or cajoled into believing their challenge is not as robust as previously informed.

It would be interesting to see any analysis of what the Pilot scheme produced in decisions being changed, as well as appeals being withdrawn - I know what I would put my money on being the highest percentage

We had a bit of fun with one of these the other week.

Client luckily doesnt speak English well and asked decision maker to ring us.

Case was client with arthritis both knees gained 12 points walking and standing. Medical took 20 minutes and done by a physiotherapist? No squat test done during medical exam and appeal on the basis client cannot bend, kneel or squat and if he had been asked to do so at the medical this would have been apparant.

Erm Decision Maker who said erm alot, rang to ask if we had any further evidence? we said no we where quite happy for thhe case to go before a tribunal as we had no reason to disbelive what our client had told us. Erm Decision Maker asked if we had seen the medical report and we lied saying no, was a squat test conducted? Decision Maker said well Erm no. “Well there you go then our client’s appeal’s must win.” Erm ok

Decision and lapsed appeal letter arrived 3 days later.

I wish they where all that easy.

In the light of this, I think it might be prudent to add a standard sentence to appeal notices and Enquiry Forms such as:

“If you have any queries about this appeal or wish to speak to me about it, please contact my representative”. 

Some people can be easily put off by a DWP official phoning and “explaining” that their appeal won’t succeed.

We have just had a call from the DM about this to ask why, ‘We feel that the client’s appeal is going to be successful’. I did suggest that they read the letter of appeal that we had sent in for a clue as to why. It was unusual as I have spoken to the DM who called in the past but his manner this time was much more formal and for want of a better word stern. I would imagine a few of my client’s will find this intimidating while some might suggest that they shove off. It is a worrying trend.