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a really special ESA decision
I think I actually now have the worst decision I have ever seen in my time as a welfare rights adviser doing appeals and that is no mean feat.
cl with down syndrome and several other physical conditions. no points at all for either physical or cognitive.
clinical findings? cant do change from a quid, cant spell world, couldn’t remember 3 items, had a support worker with them, struggled to get out of a chair, they are aware they get a pretty comprehensive care package.
even for them this is outstanding stuff.
not overturned at mandatory recon obviously.
they have finally managed to shock me.
I’m itching to know what the justification was for dismissing any functional restriction
[ Edited: 24 Oct 2017 at 02:13 pm by Dan_Manville ]only 3 bad days?
I’m itching to know what the justification was for dismissing any functional restriction
there isnt really any. its a real work of art this.
I’m itching to know what the justification was for dismissing any functional restriction
‘Managed to attend assessment’
Looked like was breathing?
I went to an appeal once where the client had a court appointed deputy following a RTA which left him with severe brain damage; couldn’t remember anything that happened more than a couple minutes before and was prone to outburst of spontaneous violence when he became frustrated while trying to do something.
Judge’s opening remark
Seriously? The appeal is allowed. If ever there were grounds for a complaint, this is the case. It is beyond ridiculous ...... Make a complaint… do you know the process? if you don’t, I’ll be happy to give you specific guidance. I would have rung you this morning to tell you that I was allowing the appeal, but I wanted to be sure that you knew how to go about making a complaint.
Just a couple of weeks ago, same client called to attend a face to face ... now kicked into some very long grass
Let’s have a guess:
Not been referred to the memory clinic?
No specialist input for problems getting up from a chair?
Care package has not been recently increased?
only missed
‘hasn’t visited his GP since 2010’
and this one I loved,
‘he is not on any medication to alleviate or stabilise any symptoms he may experience, hence there is no medical evidence to confirm that these are severe enough to provide for the application of a mental health descriptor’
Recently did an ESA appeal. At the end of the hearing, a young and over enthusiastic PO (attempting a rather poor impression of Perry Mason) gave a closing submission which contained the following; “there is no evidence which supports Mr J….’s case”.
My reply, “yes there is. He’s just given it”
Appeal allowed.
We’re living in weird times.
You have POs attending LCW appeals? When did that start happening?
Anyone else seeing that?
Happening a lot up in Scotland at the moment, however they do not appear to be overly successful for the DWP in cases where there is a Rep!
You have POs attending LCW appeals? When did that start happening?
Anyone else seeing that?
Not down here.
‘he is not on any medication to alleviate or stabilise any symptoms he may experience, hence there is no medical evidence to confirm that these are severe enough to provide for the application of a mental health descriptor’
This type of reasoning appears to have become fairly standard in WCA/PIP decisions / submissions. Adverse inference drawn from absence of precribed medication / referrals / specialist input etc. No understanding that all of these interventions are not appropriate / may already have been explored and management by GP is now the most approriate? Limited resourses within NHS (especially MH)?
Maybe DMs have a tick box list of medications etc. A claimant only has LCFW or meets any PIP criteria if they tick at least 3 of those ‘treatments’ boxes?
We are seeing POs for PIP more frequently now but only very rarely still for WCAs.
At a recent PIP hearing Judge declared at the start he knew the cliamants grand mother. No objection from PO (very green) to proceeding. Heard oral evidence from client and his mother. At end of hearing PO raises question about judge’s declaration but also agreed that oral evidence supported appeal in full. Judge decided to adjourn hearing to a different tribunal just in case DWP did seek leave to appeal on this point etc. Gently told off PO for waiting until the end having specifically asked at the beginning!
PO agreed that decision would be revised given the evidence and this commitment was recorded in the Postponment Notice.
Needless to say no revision ever took place and after protracted calls to PIP it was confiirmed the PO had made no record of the hearing / commitment to revise and was now off sick. So case has to go back to a new hearing (client with severe MH condition).
This job gets more frustarting by the day!
You have POs attending LCW appeals? When did that start happening?
Anyone else seeing that?
Yep I’ve had a PO in for LCW appeal recently. They basically said nothing during and at the end came over to me and apologised profusely for the client having to go to the appeal as it was quite clear that they had LCW!!
PO agreed that decision would be revised given the evidence and this commitment was recorded in the Postponment Notice.
That surprises me; a PO on one of mine recently told me he was instructed not to concede an award where it was staring us in the face.