Employment and Support Allowance (ESA)
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Esa assessment (medical appointment )

CarolineoCarolineo Member Posts: 5 Connected
hi my son is on Esa in the support group he now as a medical assessment appointment does any one no if he as to speak for him self or can I do it for him as his appointee as he struggles conversations and dosent understand many thanks 

Replies

  • Ami2301Ami2301 Member Posts: 7,429 Disability Gamechanger
    Hi @Carolineo
    Welcome to the community! Unfortunately I am unsure however another member of the community may know and will be in contact with you soon :)
    Disability Gamechanger - 2019
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    As you're his appointee then you'll be able to speak on his behalf. Make sure you answer those questions with as much detail as possible. Did you send evidence to support his claim? They rarely contact anyone for this. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • CarolineoCarolineo Member Posts: 5 Connected
     hi thanks for your reply yes I got s letter off his support worker and he as others he as to see as well as his doctor I left it to late for a gp letter as it takes 6 weeks .he 
    is on injections for sicociss sorry carnt spell and also on antidepressents an the gp thinks he as scitzoprenia  I will no in a couple of weeks when they review him . So I’ve got all that half coverd I’ve not bin one before so I’m a little worried as to what happens and what happens so any comments wud be great thanks for your time in replieng much appriated 
  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    Appointees are treated as companions. 

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725531/pip-assessment-guide-part-1-assessment-process.pdf

    All questions will be directed to the claimant. You can’t talk for them although there may be things you want to add at the end. Appointeeship means they are mentally incapable of handling their own benefit affairs. You’d need a clear statement under the MCA that they lack capacity re: communication. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I disagree with this sorry. Having just read through the link you posted, it states nothing about needing a statement under the MCA that they lack capacity.

    Copied from the link above.
    Consultations should predominantly be between the HP and the claimant.
    However, the companions may play an active role in helping
    claimants answer questions where the claimant or HP wishes them to do so.
    This may be particularly important where the claimant has a mental, cognitive or intellectual impairment. In such cases the claimant may not be able to give an accurate account of their health condition or impairment, through a lack of insight or unrealistic expectations of their own ability. In such cases it will be essential to
    get an accurate account from the companion.

    Just to add, i spoke on behalf of my daughter throughout her whole assessment because she doesn't have the mental capacity to answer for herself and neither does she have the ability to give an accurate account regarding her condition, yet i didn't need any statement to confirm any of this.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • DenzDenz Member Posts: 4 Listener
    Hello, if your son is unable to speak for himself, you can answer for him/assist him to answer.
    You can always request that it is a qualified medical doctor who does the assessment & if you wanted also request that the interview be recorded by them (they will give you a copy immediately after the interview), just for your own peace of mind (in case you think something may have been misinterpreted.
    Good Luck.
  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    I disagree with this sorry. Having just read through the link you posted, it states nothing about needing a statement under the MCA that they lack capacity.

    Copied from the link above.
    Consultations should predominantly be between the HP and the claimant.
    However, the companions may play an active role in helping
    claimants answer questions where the claimant or HP wishes them to do so.
    This may be particularly important where the claimant has a mental, cognitive or intellectual impairment. In such cases the claimant may not be able to give an accurate account of their health condition or impairment, through a lack of insight or unrealistic expectations of their own ability. In such cases it will be essential to
    get an accurate account from the companion.

    Just to add, i spoke on behalf of my daughter throughout her whole assessment because she doesn't have the mental capacity to answer for herself and neither does she have the ability to give an accurate account regarding her condition, yet i didn't need any statement to confirm any of this.

    There is no requirement under the MCA. That’s my suggestion as to what would bind a HCP to talk only to the companion. Of more interest might be 

    “1.15.17 Where a claimant has an appointee, this will be flagged in the initial referral to the AP. Where an appointee has been nominated to represent the claimant, the claimant must not be instructed to attend a face-to-face consultation by the AP. This is because they have been deemed incapable of engaging directly with the DWP or its contracted APs. Instead, and only if a face-to-face consultation is deemed necessary, the AP must send the invite to the appointee only. However, it should be noted that where the named appointee, be this a corporate or individual appointee, he can nominate another person to represent them at any face-to-face consultation. That said, the HP should make every effort to obtain evidence in order to conduct a paper-based review in these circumstances.

    1.15.18 A consultation cannot go ahead if the appointee or their representative does not accompany the claimant. If they do not turn up then normal failed to attend (FTA) action is taken – the DWP will investigate the conduct of the appointee

    1.15.19 The appointee should be considered in line with guidance about companions being present at consultations. Consultations should predominantly be between the HP and the claimant. However, the companions may play an active role in helping claimants answer questions where the claimant or HP wishes them to do so. This may be particularly important where the claimant has a mental, cognitive or intellectual impairment. In such cases the claimant may not be able to give an accurate account of their health condition or impairment, through a lack of insight or unrealistic expectations of their own ability. In such cases it will be essential to get an accurate account from the companion.”

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