That's the problem. They don't meet the criteria - the descriptors used by the WCA, which I presume the tribunal will also use to judge eligibility. Those descriptors are terrible and certainly don't really help my case. So i haven't got a chance and I suspect only very severely affected neurodiverse people will be affected (how such people would cope with a tribunal is another matter entirely).wishface said:[quote][/quote]
If your difficulties do not meet the eligibility crieria, then you, most probably, will not win the appeal.
Don't worry about what diagnosis you may, or may not, have, it is not relevant, it just makes explaining the difficulties easier.
It all comes down to interpretation, wishface.
The DWP, when they look at the WCA report err on the side of interpretting the criteria in a way that reduces the numbers of people getting the benefit.
The appeal hearing however is not done by the DWP it is done by an entirely independent appeal hearing organisation and they tend to intrepret the criteria in a much fairer way that favours the applicant a lot more.
If you like, they, at the appeal hearing, look more at the spirit of the law, not the letter of it.
And let me repeat, and emphasise, what I've said numerous times already:
I am not a "very severely affected neurodiverse" person. Most people wouldn't have a clue I have Asperger's unless I told them. And yet, I won my Appeal.
And I'm not unique. I don't have the exact figures, but, again, as I've already stated multiple times, a very high proportion of people with AS/ASDs that go through the ESA caim process fail the WCA but win the appeal. Precisely because the WCA is weighted against us, but the appeal is not.
That's the problem. They don't meet the criteria - the descriptors used by the WCA, which I presume the tribunal will also use to judge eligibility. Those descriptors are terrible and certainly don't really help my case. So i haven't got a chance and I suspect only very severely affected neurodiverse people will be affected (how such people would cope with a tribunal is another matter entirely).wishface said:[quote][/quote]
If your difficulties do not meet the eligibility crieria, then you, most probably, will not win the appeal.
Don't worry about what diagnosis you may, or may not, have, it is not relevant, it just makes explaining the difficulties easier.
It all comes down to interpretation, wishface.
The DWP, when they look at the WCA report err on the side of interpretting the criteria in a way that reduces the numbers of people getting the benefit.
The appeal hearing however is not done by the DWP it is done by an entirely independent appeal hearing organisation and they tend to intrepret the criteria in a much fairer way that favours the applicant a lot more.
If you like, they, at the appeal hearing, look more at the spirit of the law, not the letter of it.
And let me repeat, and emphasise, what I've said numerous times already:
I am not a "very severely affected neurodiverse" person. Most people wouldn't have a clue I have Asperger's unless I told them. And yet, I won my Appeal.
And I'm not unique. I don't have the exact figures, but, again, as I've already stated multiple times, a very high proportion of people with AS/ASDs that go through the ESA caim process fail the WCA but win the appeal. Precisely because the WCA is weighted against us, but the appeal is not.