Sounding off!!!

I despair, i really do at times with Decision makers. I have a client who has severe alcoholism, cancer of the tongue, severe nerve damage in his legs and arms and alzheimer like symptoms as his mind is so addled through years of alcohol abuse he doesnt know what day of the week it is.
0 points at WCA.
He gets HRM and HRC DLA as he needs constant supervision due to accidently setting fire to his house many times, falls, disorientation, encouragement t eat, wash, dress etc. Cant walk due to neuropathy etc etc etc.Appealed decision for dozens of reasons, including the fact he was given a DS1500 last year so automatic Support group should be a given.
I informed Jobcentre plus of all of this and they confirmed what i told them, and this would be passed onto the DM.
Clients sister just called to say he had received his appeal sub bundle stating that there is no evidence to suggest he is entitled to ESA and he is fit for work. Just called JC+ and they have confirmed that they are aware of HRC, HRM and DS1500 but the decision still stands.
The guy , in my opinion, has absolutely no chance of losing his tribunal but i am annoyed at all the extra work and money this whole charade is costing.
Rant over folks!!!

There was a recent post in which another advisor referred to a comatose client who, accordingly to the DWP, failed to attend a medical without good cause…

By comparison, your client is obviously Olympic material.

As an aside, assuming the appeal is entirely successful, I’d be inclined to consider making a claim for compensation - both for the client (wholly unnecessary stress and anxiety etc) and the advice organisation (the latter to cover costs that were only incurred due to the shambolic and institutionalised incompetence of the DWP).

That was my client. Sadly, the poor man (who is still in a coma) has only a short time left to live but no doubt the DWP will find a way of deeming him capable of work anyway.

I agree re the compensation claim.

I think it would be good to have peoples tips/tricks/methods of complaints regarding these issues, my problem is i’m so snowed under with appeals i never get time to do anything about the decisions that are just pure stupid! The more we all complain then the sooner things will change . . . . ha ha ha ha ha ha

The rejection rate from IB/IS in relation to the current ESA rules seems to be around 60%, and would be far higher if every claimant made it to WCA adjudication. Some of those who don’t make it will of course just have got better, but in many cases I think they will simply have walked away from the burning building. At the same time, the success rate at the ESA tribunal is I think officially about 40%, but would be far higher if all the winnable cases went to appeal. Colleagues, the system is descending into a kind of grim farce.

I really do think that Kevin D’s suggestion of launching compensation claims might be a good way forward. Here, we have sort of bottled it in the past on the basis that (i) we are too busy, and (ii) we don’t know how best to do it, and (iii) we are sort of worried about getting our cards marked by future decision makers or tribunal chairs. Has anyone actually succeeded with a claim in recent times? If yes, is there a pro forma method you commend? Did the tribunal service then stop sending Christmas cards?

Steve

Agreed, but watch out for the diversion of the ESA50 wording from the legal tests. See for example Activities, 5, 11 and 17. When the ESA50 question does not describe the legal test, say so on the form and add a sheet that relates the clients problem to the actual law, hopefully with supporting evidence. We have found that works well.

With the end of LSC funding for benefits on the horizon, how are clients going to afford their medical reports? We have a hard core of GPs etc who insist on charging for anything that might be useful. Not sure what can done about that. I wonder if clients will be able to get a Universal Credit Budgeting Advance to pay for same?

These are all too familiar stories.  I make a point of sending clients along to our constituent MP just so they can note the number of ridiculous decisions being made.  I can’t say it makes a huge difference, but ultimately it is our politicians who are responsible for the policy behind all of this and the more they can see it isn’t working, the more likely they are to intervene.  Our own MP (Con) has to be fair been very prepared to listen and has brought the matter up in Parliament.  It’s crucial we keep piling up the pressure with all the current accent on reduced levels of funding for benefits advice.

Decision - maker’s just don’t seem to challenge anything in my experience, their whole ethos seems to centre on leaving it to an expensive tribunal to decide.

Nickd - I agree that decisions are being left to the tribunals service.  I’ve had a couple of cases in the last few months where at the late appeal stage information has been provided to show procedural errors which should have meant the cases were open and shut.  On both occasions I spoke to the DWP at the Bathgate office and their appeals team said they would be passing the cases to the tribunals service for consideration as the appeals had been made late.  It was clear that this is/was their procedure with late appeals whatever the situation.

Cue requests from the tribunals service for reasons why the late appeals should be accepted, long letters outlining the timelines and lots of copy correspondence.  Accepted by the tribunals service and decisions revised by the DWP within weeks.

Very annoying…...

Mairi

That is outragous!  What about a complaint about the HCP?

“On both occasions I spoke to the DWP at the Bathgate office and their appeals team said they would be passing the cases to the tribunals service for consideration as the appeals had been made late.  It was clear that this is/was their procedure with late appeals whatever the situation.”

If you can evidence this then you might want to consider taking this to a higher level as an operation of a blanket policy is unlawful.

Sadly I can’t as it was said in conversation over the phone.  Might ask for it in writing the next time tho…..