The Farce Be With You - A.T.O.S. and E.S.A.85’s -  (or Carry On Analyst)

Sitting at my desk writing four submissions for next week’s tribunals.Having real problems though with the first two E.S.A.85’s:

1. “The client (?) was accompanied by their (?) sister, who was present during the assessment. Lives with their husband”.

Do any colleagues have experience of defending their client’s against allegations of incestuous bigamy? A prudish judge or doctor could be fatal to my client’s chances.

2.” DEPRESSION - started 6 years ago. Trigger: his girlfriend hung himself”.

Do any colleagues have experience of representing deceased client’s who still suffer from depression? I have represented client’s who have died at D.L.A. tribunals but never at E.S.A.
Anybody think Regulation 35 can be applicable to cadavers?

Has the client been to tribunal before? Have you been given all the ESA85’s?  If not then you need to look at CE/0892/2012 [2012] UKUT 469 (AAC)

Priceless aren’t they?

My favorite obscure ESA85 comments (all from the ‘description of a typical day’) to date are:

‘Is mainly stable except when water’

‘Plays night games’

‘113 not available’

Ah - night games.  Now THAT was a song….....although it took me a long time to realise that ‘strange ways’ wasn’t a lyric about the prison…....

LOL!

Actually, the best bit about that particular comment was that we eventually realised the client concerned had told the HCP (who didn’t have English as a first language) that he had ‘fun and games’ in trying to get to sleep at night.