After a work capability assessment earlier this year, my 35 year old son (severe brain injury, 2013) was given 0 points and all benefits were stopped suddenly.
I had received a call from DWP advising me of this decision and that his benefits would stop that day. I was also advised to apply for Universal Credit immediately. Two days later my son received a P45 in the post and was basically told to go and get a job. I did not apply immediately for UC. I chose to ask for a mandatory reconsideration and started to prepare my evidence for the appeal.
My son ‘presents himself’ pretty well. Unless you look beneath the surface he gives the impression that he is far more capable than he is. In one way this is good - but in a work capability assessment, it isn’t.
If the ESA questioning for brain injured claimants was robust and effective then my son’s serious issues with memory recall and communication would have been obvious. Even though I attended the assessment with him, we still were unable to clarify the extent of his disabilities to his assessor.
His memory was not tested. He was asked to read a paragraph of information (which he did). He was not asked if he could either understand the paragraph, or remember it (which he didn’t). This showed a complete lack of health and safety awareness on behalf of the assessor and to me highlighted a serious potential for danger in the workplace. We asked for a mandatory reconsideration on that basis.
We won. The decision was overturned and my son was placed in the work related activity group - the perfect place for him to be. The decision maker realised that my son did not need to be in the support group and that he was ready for work related activity. The decision maker also realised that my son DID need support to help him reach his next enormous goal (paid employment). This decision was fare and responsible - but should have been made at the initial assessment. We are now awaiting our first work based interview.
Preparing the mandatory reconsideration appeal was exhausting and stressful - not for my son because he could not have even begun the appeal process - but for me and others in our family. As a family group, we have always tried to recognise any positive progress (no matter how small) so to dwell on negativity, concentrating on what my son could NOT do, for the two weeks it took to compile the evidence, was very distressing.
Common sense can prevail - but mostly doesn’t seem to when it comes to ESA assessments. Certainly not when the claimant isn’t given the opportunity to illustrate their disabilities and may not even have the capacity to do so.
I am pleased that the next part of my son’s ‘journey’ will be supported (let’s hope!) but incredibly sad for those in a similar situation and without others to fight for them.
Most people with brain injuries are not trying to falsely claim financial support and they should be better understood in these assessments - but how that can happen, I’m not sure... any thoughts Headway? X
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Elkay_1954
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I’m glad you got the result for your son. It’s a most unfair system there’s nothing for hidden disabilities which I hear system is being overhauled now and not before time where criteria will include hidden disabilities. I understand fully what you and your family have been through fought it myself for my husband he too would never have been able to do so himself. So many people out there with no one to have their backs for them.
Good luck for the future for your boy hope all goes well and he can find a job that suits him. 🙏
My husband also recently had to be re assessed. As his injury was so long ago we have no recent medical reports but we sent everything we had and I asked for someone who was familiar with long term head injuries to assess him. I was quite insistent as I’ve worked on the back to work programme myself (a long time ago though). At the interview I checked the qualifications of the assessor before I jet the meeting commence. We both explained my husband’s difficulties and how much harder it can be because he looks like nothing is wrong and can come across as ‘normal ‘ for short periods. The assessor was actually very understanding and my husbands benefits have not changed.
It’s awful having to go through this process and the worrying can be overwhelming but I’m glad your son has got the outcome he needs.
Well done for being so prepared! Everyone should have access to a suitably qualified assessor. A ‘medical professional’ is not necessarily competent enough.
We have recently had the same experience. It is obvious that the ESA form and assessment interview is not fit for purpose for anyone like our sons who have a brain injury...... so pleased you won but sorry that we have to go through this process in order to fight for benefits. Best of luck for the future.
My executive functions have come back and are now back to above average, (I think I just do well in those types of tests) but it does not mean I do not make daily mistakes like leaving the kettle lid off or not being able to subtract 7 in my PIP assessment.
Ignoring the mental and physical aspects of safety as the hidden ones are much harder to spot especially as one goes into automatic in evaluation and am very good st masking any issues.
I think that is human nature and you need to be highly trained and skilled to actual see through and understand.
It is UC in our area and I got refused before even getting to the disability discussion. Only 6 months in to PCS at that stage though.
I really hate the push that we must work. I understand it, but it is not the only answer. Everything is geared up to pushing one back to work as quickly as possibly.
Certainly something for Headway to help with. Not sure if there is a guide on PIP and ESA assessments for hidden disabilities. They will help with appeals.
I hope the help is of the right kind and forth coming as 35 is an age not where one expects to be restarting their career.
Yes, at aged 35 it’s going to be tough. I don’t think any decision maker at DWP would want to be responsible for any subsequent accidents (that could have been avoided) in the workplace. Maybe we need more support in how we illustrate potential danger issues to those who don’t know the claimant well.
That could have been my mum writing that about me & I'm 47 years old, my mum 76. My accident & head injury 25 years ago.
It is ridiculous. I got a positive result & over £4000 paid in back dated ESA & rent (which was also stopped resulting in myself having to leave my home in Leeds & move close to the help & support of my family).
Luckily there was a head injury specialist at the family Dr's surgery who was a massive help & sorted things out for me. Combined with the disibility hub in Redhill.
6 months later I went for the same assessment as your son & everyone else on the site & exactly the same as the one I had in Leeds when everything was stopped. Guess what, it was stopped again. Unfortunately the Dr in question is no longer at the surgery & the Redhill hub has closed.
It is too stressful for my mum to get it sorted again & I'm unable to myself, but I'm not putting myself under any stress or pressure as I have said on a previous post, cos I'm pretty sure it'll be back dated & because I live so frugally, can live without (thanks to charity shops & Llidl ;o) & will have a nice holiday when it is finally paid ;o).
As it goes, I have just contacted 38 degrees that have had a huge success in many petitions they have started - hopefully ours will help make the ESA department aware too. Wish me luck ;o)
Crawley. I work for a charity in Leatherhead that supports people with emotional well-being issues. If you do a self referral on our website we may be able to help. We don’t cover redhill normally but one if our staff can help you to find someone who may be able to help with this. It’s maryfrancestrust.org.uk
Thanx Shushy What was your name & I assume I mention your referral, yeah ???
Btw I was thinking, you've been a member for a long time & yet U haven't written a profile, although your very first message kind've tells your story.
Maybe U could pretty much copy n paste that & write additional information telling of what's been going on since, preferably with tips from your experience over the last 30 years etc ???
My name is Chris Schauerman- you are welcome to mention me in your referral but my colleague Lenny (female) will be the person it gets passed to as it’s her field of expertise. I’ll get round to a profile one day but there’s not much more to tell really. We plod along and deal with things as they arise! 😀
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