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ESA Home Visit Difficulties

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7 years 5 months ago #174067 by Jon
ESA Home Visit Difficulties was created by Jon
Hi all,

In September my severely agoraphobic relative received a letter for an ESA medical assessment. He promptly contacted Maximus and explained that he would require a home visit due to the nature of his problems. Supporting medical evidence was requested and this was supplied by his GP (via fax as requested) within the given deadline.

About 4 weeks later he received a form inquiring why he hadn't attended the appointment. This was completed with the reasoning that he had explained his inability to attend and was waiting for a response RE: a home visit request/GP's evidence. He also called Maximus to explain this, and was informed that they couldn't find a record of his GP's evidence (but moving along...)

Regardless of this, they would appear to have taken this explanation as 'good reason' for his failure to attend, as about a week later he received a letter with another appointment. The process of requesting a home assessment/providing evidence was repeated, and this time he received a speedy response stating that the evidence was insufficient to provide a home visit but a taxi would be provided to transport him to/from the assessment centre.

We have issued a letter challenging this decision and explaining, among other things, why taxi transport would not be adequate and pleading for a reconsideration as attendance would be detrimental to his already delicate mental health. As of this morning Maximus has informed us that this evidence will be considered and in the meantime a new (possibly provisional) assessment date will be issued.

My relative is understandably very worried about the prospect of losing his primary income (he also receives some PIP), but he feels he is being asked to do something that is impossible in the face of what would seem to be a very reasonable request. Is there anything we can do in the case that this second home WCA request is declined? Would there be any significant benefit in invoking the help of a solicitor (cost is a problem) or perhaps his MP? Other body? He is feeling very upset and frustrated at the moment and any potential avenue of recourse would be greatly appreciated.

Best wishes,
Jon

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7 years 5 months ago #174079 by Gordon
Replied by Gordon on topic ESA Home Visit Difficulties
Jon

It's certainly worth contacting your MP.

Contacting your MP

A solicitor is unlikely to be of assistance, assessment Decisions are the responsibility of the Assessment Provider, you might have a case under the Equality Act but this is separate to the benefit legislations and any action would have no applicability to the AP's decision until a verdict was made.

It's unusual for an AP to be so resistant to a home assessment for a claimant with Agoraphobia unless they did not believe it was as severe as it was being portrayed. Does your relative leave the house at all, for example does she visit her doctor? How do they do their shopping?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 5 months ago #174113 by Chris77
Replied by Chris77 on topic ESA Home Visit Difficulties
Hi Jon

MPs are very good at unlocking a pause in the process or causing an intervention.
Your MP has a team of staff in their office at Westminster who can intervene to get this resolved. In this case like Gordon says, contacting your MP is the best solution.

A solicitor is NOT the right person for this matter.

The quickest way to contact your MP is their email address at the Commons, be sure to include, your full name address, postcode telephone number AND NATIONAL INSURANCE NUMBER. This is because MPs can only work for constituents, it does not matter what
part they are. My MP emailed me and had already been in contact with the DWP because I INCLUDED MY NATIONAL INSURANCE NUMBER. Its unlikely they will ever contact you by phone.

Like Gordon I this is the fastest way to resolve your problem, you can find your mp at

parliament.uk

Good Luck

PS. Yes these ASSESSORS are USELESS at arranging anything !! LOL

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7 years 4 months ago #174180 by Merrygirl
Replied by Merrygirl on topic ESA Home Visit Difficulties
Hi Jon. I request a home visit from esa and pip, I had my Dr do a letter to state that due to my health I would not be able to travel the 15 miles. Pip agreed to do home visit, but I had such a problem with esa , so my mp stepped in and wrote many letters plus a letter to someone in the commons and I was still denied a home visit because they said that i can get to hospital appointments for scans etc. Do they really bring scans, mri machines, ct scans and x ray machines to patients houses? they also said that they would arrange a taxi for me, now getting someone to take me was not the problem, so I do think really know why they said about getting good me a taxi. Ended up getting there and when I walked in the room the assessment person was very good with me.......good luck

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7 years 4 months ago #174678 by Jon
Replied by Jon on topic ESA Home Visit Difficulties
Just an update for those who might be interested:

Following your responses we decided to contact our MP. To our surprise -- perhaps being made a bit cynical through continued dealings with DWP et al -- this was a fairly pleasant experience and within a couple of days we received confirmation that the MP had begun querying this issue with the DWP/Maximus.

This morning we received a letter from Maximus explaining that on further consideration it has been decided that my relative can disregard the scheduled appointment and will be granted a home visit on a date to be announced.

Needless to say this was very welcome news after several months of added worry!
I would like to remind members experiencing similar difficulties of the value of this forum and, if necessary, the potential benefit of seeking outside help. It's sometimes important to remember that our situations aren't unique and that the right decision can eventually prevail.


Thank you Gordon, Cipolar and Merrygirl for your advice and continued contributions to the forum.

Jon
The following user(s) said Thank You: Gordon, slugsta, Merrygirl

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