Fight back : Has anyone ever made a complaint about... - Headway

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Fight back

eileenleach profile image
19 Replies

Has anyone ever made a complaint about the esa assessment report.

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eileenleach profile image
eileenleach
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19 Replies
bluesgirl37 profile image
bluesgirl37

Hi Eileen, my partner did go through a mandatory reconsideration and then a tribunal appeal. What did you need to know?

eileenleach profile image
eileenleach in reply to bluesgirl37

Sorry just seen this, Iv done all this before so it’s not so much needed to know it’s just to see if anyone has actually complained about the assessment report it self, knowing parts are wrong n u want to know where there answers came from x

Chelle3069 profile image
Chelle3069

Yeap and it got me no where. My report was full of lies from the assessor. I complained and got a letter back with her denying things that went on and saying they had no need to make anything up and went with her. I fought them all the way to the courts as I wasn't going to let them get away with them lying about me in that way.

eileenleach profile image
eileenleach in reply to Chelle3069

I asked for a list of the questions as I don’t know he got some of his answers but they can’t send me then but they cannot get away with one point I made, I told them I want to know exactly where he got the info from, it says has been told he has generalised seizures, mum says clonic tonic, my son dint answer that question at all, I did but I want to know who has been told generalised, n where that information has ever come from because Iv filled in every form n been to every assessment with my son n never ever had generalised been mentioned, n in all his paperwork it’s always been clonic tonic n I seem to recall my son once answering himself at a tribunal n his reply was them rigid ones n he did the actions like jerking n stiff so i don’t think he knows himself but I do from the day he was diagnosed, so this generalised is made up n I’d like to see how they can explain where it came from Cos If they can’t then I’m going to argue the full assessment was made up x

Nackapan profile image
Nackapan

You can appeal. PIp appeal too. Waste of time in my daughters case

Even went to court

More points awarded but not enough. So much stress. Made her more unwell. I advise you get help from Citizen advice or a charity . The system stinks.

eileenleach profile image
eileenleach in reply to Nackapan

Yes I know n appeal papers are in, Iv been fighting for years on n off for his money but luckily esa has been easiest Iv only had to go appeal once for that n Iv got all papers from his crash onwards n most of assessments go support group straight away n 2016 one says it’s highly unlikely things will change now after all years since crash n still the same issues yet this one went against everything that’s been stated in claims thru out. N dla is just moving to pip so we are in process off that now n he’s assessment in few week d

eileenleach profile image
eileenleach in reply to Nackapan

They can’t come with u though n that’s what u really need x

Nackapan profile image
Nackapan in reply to eileenleach

No they can't but can be of real help as tick box system.

sealiphone profile image
sealiphone in reply to eileenleach

They would normally be treated as a legal representative, with the right to speak on the appellant's behalf.

I suspect this would be a issue of under funding and differ from bureau to bureau.

StaceM8 profile image
StaceM8

Hiya all,

I was lucky when I came back from Leeds, cos my Dr who I was with since before my accident (apart from a break when I moved to Leeds & was there for 9 years) until now, knows my family reasonably well (been my mums Dr for over 30 years & there was also a brain injury specialist working out of the surgery.

That was the first time I went & I got over £4000 in back pay. I had a letter from my Dr saying I was unfit to work due to the head injury.

My Dr in Leeds was useless, like what you are all coming across by the seems & like the government, hadn't got a clue about head injury.

You have to remember, they are GP's ( ' GENERAL ' practioners, so U need help from a specialist in head injury.

Maybe Headway could point U in the right direction.

I also went to the Redhill hub which helps disabled people with things like this, who finished off my claim.

Annoyingly this has now closed & because I went for a similar assessment about a year later. the report came back the same as the original one I had when I was in Leeds.

I have been put on the work assessment help, or whatever it's called, so get about £100 a week, but not the higher rate one sayin I am unfit for work, which I really am, like most pretty much unemployable.

I'm not gonna push myself to do anything about it though cos I know when it is sorted I will get the claim backdated & will therefore get a nice lump sum.

I live incredibly frugally so can easily live on the £100 a week, I don't drink, I don't smoke, so when this happens it happens & I can have a nice holiday, seemingly for free ;o)

Stace Xxx

StaceM8 profile image
StaceM8 in reply to StaceM8

Btw, the £4000 was about 3 years back pay & about £1000 in stopped rent.

StaceM8 profile image
StaceM8 in reply to StaceM8

& was from when ESA first came into being in 2014 - 2017

StaceM8 profile image
StaceM8

Sorry for all these additions, but luckily U all know what it's like ;o)

eileenleach profile image
eileenleach in reply to StaceM8

My son got lots of bsvk pay for them not sending him for assessment after 13 weeks n it went on for a long time until we questioned why he’d never been sent so they sent him n he was put in support group n they owed him about 7 grand x

StaceM8 profile image
StaceM8 in reply to eileenleach

What happened to your son & how come they owed him so much ??? - right result ;o)

eileenleach profile image
eileenleach in reply to StaceM8

Cos the rate is only £70 odd to start n they never sent him for assessment for a very long time think it was about 2 year n we dint know much about assessment n money going up if u was in support back then n i had brain surgery myself n was on esa n I was sent for assessment n put in support group n mine went up so we questioned why he has never been sent for assessment n they realised then so sent him for one n he got support n all that back pay x

eileenleach profile image
eileenleach

Lost on the system I suppose but I bet it wunt happen if u was being overpaid x

eileenleach profile image
eileenleach

Think he also had severe disability premium not paid on top aswell that made it such a big payout x

Lonely21 profile image
Lonely21

SACKED From MY JOB

I was in care and support worker working with people with learning disability I've gone to quite a few Esa assessments

Some good some bad always a long wait Long after the appointment time sometimes I turn up with the service user only to be told it had been cancelled

Went in with this one service user he became anxious and started shouting after he'd waited 45 minutes after his appointment .

Went up to the desk to ask The receptionist didn't even look up and said i The service user was in next I asked how long it would be. She didn't even answer and walked away when she came back I asked to put in a complaint about the timing as a service user had been shouting.

Only then did she come out and said do I want to cancel the appointment.

I said no and told me if I wanted to complain have to do it in writing

Tried to explain that I just wanted to point out it was a long wait

Explain that to the assessor that was unacceptable for somebody with severe Learning disability to be sat waiting for nearly an hour.

The assessor when got in the room and became really sarcastic telling me that everything that happened in the world was her fault I suppose walked out of the room telling me that she was going to talk to a manager because she didn't think the assessment should go ahead.

I was left devastated as I probably stopped his benefits by making the complaint.

Assessment went to head and the service user couldn't answer some of the question so I answered for them. Which is usually quite acceptable.

She told me that she was going to stop the assessment because I was being obstructive.

She then took my name company and managers name which I gave.

I realise the complaint was going to be lodged.

And yes I did after the assessment stomp off

Only to find that she did put in a complaint upheld by my company and I was dismissed.

I've literally been to hell and back with my lupus blood clot on the long and legs still on immune suppressants depression job loss because I could no longer work due to fatigue and pain made homeless due to job loss.

When I got took on by my employer sorry X employer I felt a little human again to have that taken away

I am left me devastated.

I can only understand it if we've been at a tribunal and it was a Judge.

I don't ever see the point in complaining because they would have to have empathy compassion and understanding these people do not have those things

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