Capability for Work Qustionnaire

Unfortunately, the very fact of having to re-apply for ESA has had a bad effect on my son's already fragile mental health. He is autistic amongst other disabilities and is petrified of not continuing to be placed in the Support Group and has become suicidal again. He has had three previous attempts at self harm a few years ago and has just now bought a load of painkillers. Fortunately, I have so far managed to talk him round. Goodness knows what he will be like if he needs to attend a medical assessment.

It was because of the pressures of being on JSA and all that entails that affected his mental health previously. He also had a major loss of behaviour on a DWP training course that led them to suggest he came off JSA and claimed ESA.

Is there anyone in authority in the DWP I (or his GP) can contact to discuss the situation to secure his continuation in the Support Group. I wonder if Steve Donnison can suggest a way forward?

Thank you. Your comments are appreciated.

I have been arranging today for up to date medical information to be produced for me to include with the ESA50 to hopefully avoid the need for a face to face with Maximus. Fortunately my son seems better today and I plod on to complete and submit the ESA50 asap.

I'm not sure about contacting my MP. It is not something I've ever done before but I'll think about it.

Barney

I want to refer to a specific ESA regulation in my Capability for Work Questionnaire. Can you tell me whether the ESA Regulations 2008 or the ESA Regulations 2013 are valid. The numbering has changed in the latter.

Thanks,

Barney

Further to several posts describing my son’s situation, I am pleased to say that after a considerable battle, my son’s ESA re-assessment has been successful. He has again been placed in the Support Group under the Substantial Risk Regulations without the need for a face to face medical assessment. However, Maximus did not score him a single point at all on any of the Physical and Mental Descriptors which I find bizarre given his medical conditions and disabilities and how well the ESA Form had been completed describing how they affect his daily life. He is autistic, has dyspraxia, learning difficulties and several physical and other medical conditions.
Before I submitted the ESA50 Form and accompanying reports from his GP and several consultants, I had it reviewed by a local Benefits Advice Shop (used by my local council as their outsource for Welfare Rights since closing their own Welfare Rights Department). I was told this was one of the best ESA applications they had seen and I should have no problem in being awarded sufficient points for my son to be placed in the Support Group.
I would appreciate your advice on whether the award of zero points is worth challenging or letting sleeping dogs lie. Also, the award letter does not state the length of the award but I hope the Government’s desire for people with long term medical problems not to be subject to continuous re-assessment would apply to my son. Do you think I should ask the DWP for the length of the award? I am of course concerned about his mental health should his ESA award be subject to further re-assessments and especially as no points were awarded this time.
I thought you maybe interested in the interaction between myself, Maximus and the DWP leading up to the award.
After submitting the ESA50 Form, a considerable time went by (months) without me hearing from MAXIMUS. I called them and was told the application was held up with their medical people. Eventually an appointment for a face to face assessment arrived. This was despite me explaining in the ESA Form my son had become suicidal again as he was petrified of not remaining in the Support Group and having to look for work again which he cannot cope with and submitting a report from his GP stating his medical conditions and disabilities had not changed, substantiating the deterioration in his mental state, becoming suicidal again as a result of the ESA review and indicating attendance at a face to face assessment would make this worse. I made a strong case in the ESA Form that the Substantial Risk regulations apply in my son’s case.
I was now very concerned how this would affect my son’s mental health.
I called Maximus and of course got through to their call centre. I was told nothing could be done and would need to attend the assessment centre as medical services said an assessment was needed and only they could cancel it. I was told there was no one in Maximus I could contact to discuss the matter.
In desperation, I called the DWP office dealing with my son’s application, explained the situation and received a much more sympathetic hearing. They said they would speak to Maximus particularly in view of the medical evidence I described had been submitted. I agreed to speak to my son’s Consultant Psychiatrist to obtain a further medical report. I was told someone different at Maximus would then consider my son’s ESA application.
Whilst arranging and waiting for the Consultant’s report, I decided to write a further letter myself to CFHADA pointing out all the information and medical evidence that had been submitted, re-emphasising why the Substantial Risk Regulations apply in my son’s case (your guidance on this was fantastically helpful) and requesting the assessment be cancelled and he be placed in the Support Group. I faxed this direct to medical services at the main resource centre.
I called the Medical Services Office and was told they had received my letter and as a consequence of this letter someone different would look at my son’s case.
Subsequently, and before the further Consultant’s Report was submitted, I received a letter cancelling the face to face assessment with no explanation why.
I called Maximus again for an explanation and was told they had recommended to the DWP my son should be awarded ESA and be place in the Support Group. Of course this was a great relief to my son and myself.
However, somewhere along the line during many telephone calls with MAXIMUS (I don’t recall when) I was told by Maximus he had received zero points for all of the Descriptors. I made a Subject Access Request under the Data Protection Act and have received the information regarding my son’s application. It does indeed show he has scored zero points on all the Descriptors.

Barney Rubble