Parent in bad way after a failed ESA assessment, need advice

chris_sims,

A doctor's note would definitely help, plus any other medical evidence you can provide. MRs are, unfortunately, not usually successful, but when they are it is often because of new medical evidence. What you need to focus on in addition to that is what points your mum should have scored and why - so be clear that she should have got 15 points across whichever you think are the relevant activities.

In addition to that, there are 2 regulations (called reg 29 and reg 35) which I think are relevant here. These are regulations about the RISK of being found capable for work & in your mum's case also found capable of work-related activity. I think that in this case you can clearly show that there is a huge risk (that having to do any work/work-related activity is a risk, but that simply the threat of having to do this has also proved to be harmful). There is a case which says that simply the threat of having to jobseek can lead to stress and that should be taken into account.

If these regulations apply then it's arguable your mum should simply be 'treated as' having limited capability for work and work-related activity (support group). 

Both the points test & the risk routes are covered by the ESA self-test, so it can be helpful to go through this to decide what you are going to argue for.

Although whilst what matters is her condition at the date of her ESA decision (not later), on the other hand, what happened afterwards shows that there was a huge risk to her health from being found capable of work.

I'd also suggest seeking help from your MP. We need to get MPs involved to urgently change this system, and your MP's constituency office may also have a caseworker who can help (CABx or local disability information centres are another source). 

You haven't mentioned whether your mum is thinking of claiming any benefits in the meantime. I'd advise against claiming Universal Credit for now if that has started in your area. It's better to wait, if possible, for the outcome of the MR. If she needs to appeal she can go back on her ESA (without the support component) once the appeal is lodged & until it is heard.

As regards not getting help from the doctor's, I can only suggest that you are upfront with them - we know that medical evidence makes a difference. We know that without it, MRs often don't lead to a change to the decision. The latest stats say that 22% of decisions were changed at MR stage. That is not zero - there is a chance - but contrasts to 65% of decisions being overturned at appeal. From that point of view, I would not spend too long on the MR. It is best to get that in with the month. You can still send in medical evidence if you get it later on. The DWP have power to change the decision at any stage before the appeal so don't feel that the MR is your one chance to tell them things. It may be more important to get the MR in so that, if it is not successful, you can quickly lodge an appeal and get your mum onto the 'appeal pending' rate of ESA.

I echo Pippa's advice about your mum too; don't hesitate to seek professional help for her if it is needed. And I would also consider, if you can face it (not necessarily now) a complaint to the DWP and Maximus. I also wonder if you might have a complaint about your mum's GP here as well (not so much refusing to provide evidence now, but the mucking up of the prescription which you mention). That's not something I can advise on but I wouldn't rule it out. There is a responsibility here for how bad your mum has got.

Good luck - and let us know how you get on.

Will