Published on 12, July, 2020
My son has had his Employment Support Allowance withdrawn following his health assessment. I appealed -and lost - my point was that he would have had his support withdrawn anyway:
Scenario 1 - he did not know exactly what the letter inviting him to the meeting was about - he did not understand what he had to do upon receipt of the letter - so he would have missed the assessment and by default have his ESA withdrawn.
Scenario 2 - I drove him to the appointment (he is not capable of catching the train / bus). I reminded him to have a shower and explained what the meeting was about - thus he got there and was prepared - and was deemed 'able' not entitled to ESA!
My point - when I appealed was that 'he could not have attended the meeting without me interpreting the letter and physically getting him there' - so how does this make him 'able' and not eligible for employment support? His journey to any health assessment MUST be taken into account. They were silent on this point - no response.
Has anyone else had a similar experience?
I am my sons carer - and we have no support from social services - having his ESA withdrawn has been a really demotivating set back for me.
Just picking up on this thread, as I have just had a letter following my ESA assessment informing me my ESA has been withdrawn as I scored ZERO points!
Am diagnosed ASD and am long-term off work with 'anxiety and stress' and with a valid fit note saying 'unfit for work'.
Tomorrow I have a meeting with my autism support worker: I believe we are going to put in a mandatory reconsideration, which he says we will lose, followed by tribunal, which he is optimistic of winning having successfully done this process several times before. I am somewhat unoptimistic, but not pessimistic, and happy to give this a go.
I'll post updates as we progress down this path.
Definitely do it, and. You'd be amazed at the number of very sick or disabled people who fail the assessments. I failed one once myself, and the appeal, despite having the support of my doctor and a mental health worker. I won the tribunal, though. They were actually very sympathetic at that stage and completely accepted my appeal, over-ruling the DWP. As soon as you appeal, too, they'll reinstate your money. Good luck.
Thank you Bicycle! It was good to read of your positive experience.