ESA Assessment - Claimant too ill to travel?

Hi there - this is a bit of a long one, I'm afraid.

My daughter, for whom I am carer and Appointed Person, has severe CFS/ME. After two sicknotes, she has at last been 'invited' to attend an assessment at an Assessment Centre, despite me virtually insisting on her application that she is, for the majority of the time, virtually unable to travel, because travelling usually causes pain and exhaustion. Furthermore, the assessment centre is on the second floor of the building, and while there is a lift, it will not be useable during a fire. While this is unlikely, I am not happy about her safety in that building as she will be unable to use the stairs to get out in the event of a fire. Furthermore, as I also said in her application form, attending a remote interview will cause her stress (she has anxiety too), pain and exhaustion. If she's having a bad M.E. day, which she has on average five or six days a week, she will be virtually unable to travel, and if she does, she will likely spend the next two weeks in bed, so to me this is another safety concern; her safety will be at risk if she has to attend the assessment centre.

Also, I have a holiday away in my caravan booked at the time of the assessment, which I will take her on if she is able to travel (fat chance) but still it is booked with the campsites.

Is there anything we can do about the assessment not being at home? Surely on health and safety grounds, with regard to the facilities for getting out in the event of fire; also that we have a holiday booked (they have given us less that two weeks' notice), and that she will likely be harmed in any event by having to attend. Also it's early in the morning (10:30); she can't normally get up until later than that due to the M.E. giving her dysfunctional sleep patterns. Even if she does go, again, I said clearly on the form that we would need wheelchair access and also somewhere for her to lie down - she cannot sit up in her wheelchair for long periods.

What can we do? And is this some sort of test - if we do go despite my concerns about safety does that mean that they will think that oh yes she's all fine and dandy? For her PIP assessment a couple of years ago, we did indeed have a home visit and the 'practitioner' lied about her findings. But that's beside the point.

What can we do about this, please? And is the venue itself supposed to be part of the test?

Finally, has anyone ver sued the DWP for causing actual harm to patients like my daughter? Because that's what I feel like doing...

Well, this one has a happy ending! Thank you for your advice on this; we got a letter of support from my daughter's GP and her interview was cancelled, and we were told to await further developments.

Today, I have received a letter from the DWP telling me that she has been placed in the Support Group, which means that she doesn't have to take part in any work-related activity. Her ESA benefit has gone up to over £120 per week, and she will also receive an arrears sum of over £1000. And all this with no interview!

Can't thank you guys enough. Cheers and beers

Could I enquire whether the letter of support from your GP was just regarding the assessment or an overall condition letter?

(I ask as I have had Fibromyalgia added to my long list of troubles and I just can't go through another assessment, even though I had a home one for PIP)

It was just regarding the assessment. The doctor unequivocally said, in the letter, that her medical advice would be that the interview is held at home, because having it anywhere else would be harmful. That's more or less word for word what she put.

Our assessment appointment was 'postponed' after they received this letter, and we fully expected to be given a home assessment visit appointment. But apparently, before they decide this, the decision (I was verbally told on the phone by the DWP) firstly goes before a medical board who decide whether she needs to be interviewed or not, and if so, where - that is, if the GP's medical advice about interview venue should be accepted.

We waited a couple of months and then we got a letter saying that she had been placed in the Support Group and that she did not have to attend work-related activities, although she could volunteer to take part in work-related activity if she wanted to.

I called the DWP to clarify today and they said that she no longer needs to submit sicknotes, and she will not need to attend for interview. Also, the case is reviewed every year; they will send us a questionnaire in about eleven months' time to ask if her condition has changed.

I am assuming that the panel reached their decision by considering all the written evidence from our doctor, specialists and healthcare workers, as well as my own explanations of how the condition affects her daily life.

I've given you all this detail so you can see the process as it happened, to us at least.

I hope this is helpful, and I wish you all the best with your claim