Employment and Support Allowance (ESA)
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benefit appeal

jasonjason Member Posts: 2
Hi. I have a wife with a mild to moderate learning disability and were currently in the middle of an appeal process to take claire out of the working group at the jib centre, iam finding it hard to find supporting evidence for functional capability. Claire was supported by the micheal batt foundation when we met but we decided that she would leave there and I would look after her as we then wanted to marry and be as normal as we could. There is no dispute over claires disabilities but how can I prove functional capability? The dwp do not make this process easy and its so frustrating for me. All I want is whats best for claire and I believe iam best suited to know what that is. Any help will be greatly appreciated.

Replies

  • ScopeHelplineScopeHelpline Member Posts: 209 Courageous
    edited June 2014
    Hello Jason It can be difficult to prove functional capability and many people have had issues with this regarding ESA claims and then appeals. I have attached links to sources of information that might help:

    http://www.disabilityrightsuk.org/employment-and-support-allowance-overview

    This gives information regarding the criteria used in the ATOS tests for capability.

    http://www.scope.org.uk/help-and-information/money/disability-benefits/employment-support-allowance-esa/appealing-esa

    This gives information regarding the appeals process for ESA.
    You can contact the Mencap Helpline for more information regarding the benefits process and learning disabilities

    http://www.mencap.org.uk/

    If there is a DIAL (Disability Information and Advice Line) group in your area they may provide additional support regarding an appeal. You can find your nearest DIAL group by entering your postcode in the box within the link as directed

    http://www.scope.org.uk/nearestyou/localgroups/-/ll16%203ud/dial

    Alternatively you can contact the Scope Helpline to discuss this further on freephone 0808 800 3333.
    best wishes
    Scope helpline
  • jasonjason Member Posts: 2
    Thankyou for the links, they are proving useful and iam sure I have alot of reading ahead of me. I cant imagine how anyone with a mentsl disability copes with the minefield that is the benefits system. Shows the importance of support systems. -
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