ESA failed medical, zero points

Hey there,

I am a little bit stuck, and was hoping to drop in to try and gain a little advice on what to do.

Back in 2013/2014 I was diagnosed with Asperger's Syndrome, and at the time I was living with my now (ex) partner. I made a claim for it, anyway, a long story short I was required to go to a tribunal to appeal the claim in person. At the time, I had my (ex) partner there with me to help represent me, as they knew a lot about my condition and were able to explain, resulting in me being awarded the daily living component.

Anyway, since then I have moved to another city, and I am now at university. Things have been (and still are) a real struggle for me - so I placed a claim for ESA. I submitted two medical certificates - one for three months and another for two (as the first appointment at the assessment centre was cancelled due to staff shortages).

I had the assessment at the end of September, and whilst I was there, I provided a 20 page diagnosis document that was given to me by the clinical psychologists from the Devon Autism and ADHD service.

During the assessment it was very difficult for me, as some of the questions were incredibly vague, and didn't really hit home about how my condition affects me. Part way through the interview the conversation turned around to my past, which then resulted in me bringing up the abusive past that I had to deal with.

The assessor didn't like that one bit, and I was given a "telling off", saying that I shouldn't have gone into that subject. At that moment I was frozen in the chair and couldn't respond for a few minutes. I had no idea how to react.

During the interview, I explained about how my disability affects me, and how it is difficult for me to cope, and how over the past couple of years whilst I've been studying, I had occasions where I needed to call the Samaritans because I was suicidal. I told him about the difficulties in multi tasking, and how working whilst studying would be impossible for me. I also explained the situation surrounding my social issues - the fact I have no family and friends, and nowhere to turn, as well as the problems with interpreting information, communicating and such (which has caused me to need to resign from jobs in the past due to a lack of appropriate understanding).

The assessment was over, and I received a call today (on a Sunday, which was strange). The call was from the assessor, and they stated that they wanted to tell me the decision for my ESA application.

It was declined, with zero points.

The assessor then told me that my ESA would stop with immediate effect. I was very saddened by the situation, and I explained that it seems very unfair that my disability hasn't been properly taken into account. I also explained that as a full time higher education student on PIP, I am technically classed as having limited capability for work anyway. This made no difference.

One of the main issues I have is with focus - when carrying out tasks, I become too focused, to the point of neglecting other things - like remembering to eat, shower or carry out other tasks. This was all explained. This is the reason why I am doing the course I am doing, it involves very little decision making, and focuses on a creative task that is set by others.

I was then told by the assessor that (paraphrased) "I have autistic people in my family so I know exactly how it works", followed by "well you are studying at university so clearly you can work". I was also told "it's clear you can cope socially because right now you are talking to me on the phone". I then had to explain that I was on the verge of having a meltdown. I was literally rocking backwards and forwards on the bed, very stressed. This is the time that most people would drink, to numb the experience, but I don't even drink, so I have no real way to cope with it.

I took the person's name, and we finished the call.

After the call, my feeling had gotten so bad, I was sat in the chair hitting my own head as hard as I could, whilst crying. I have absolutely no idea how to go about this, and now that I no longer have literally no one to help me, I am panicking about what to do. During the summer (whilst I am between terms), the benefit is an absolute lifeline to me.

Any advice would be kindly appreciated. It isn't really possible for me to go to the CAB as the only two days they are open for drop-ins is when I am physically at university. I think I might need to appeal similar to the PIP claim - but I have no idea where to even start. I am a right mess now.

Thanks for listening, and I look forward to your responses.

-Jack

Hi, thanks for your response.

This was explained to the decision maker, and they stated to me that even though this may the case, I still need to satisfy the criteria for claiming in the first place - and that if I don't score the points then I simply cannot claim, regardless as to whether I claim PIP as a student or not.

I have had a chat with the CAB today, and they said that once I receive the letter showing the rejection, I can then request the mandatory reconsideration.

I will keep you updated as to what happens.

Thanks for your help!

Jack,

I'm not a moderator here.. I'm sure you'll get a reply soon.

I'm absolutely disgusted by your assessor, and the assumptions made. They claim to "know exactly how [autism] works" - if this was true they would know that a) people on the spectrum vary greatly from person to person, no two autistic people are alike as it's a central processing disorder which displays outwardly in different ways - no two people with autism are alike b) it's well known that 85% of people with autism are unable to hold down a job, but typically fare much better in education where there are less rules to adhere to, it's a different environment with less 'office politics’ to deal with (though challenging nonetheless), and princply, you are more in control of what you do and when.

Clearly your assessor has nothing like the expertise of clinical psychologist trained in the field, or even someone with a strong interest, given the flippant remarks they have made. I have aspergers, and my close relative with aspergers exhibits completely different outward ‘symptoms’. Just because a person is related to someone with aspergers, doesn't mean they necessarily have a deep understanding of the disorder. In this case, I think they’ve demonstrated the exact opposite.

Employers are bound by the Disabilities Act 2010 and the Autism Act and have to make 'reasonable adjustments' by law. So technically, I can't see a justification for anyone with a clinical diagnosis for autism being automtaically considered ready able and fit for work, just because they can cope with a separate activity that is very different in nature.

It's clear to me that you are an intelligent person, and one of the problems with so-called high functioning autism is trite assumptions are readily made by neurotypical people. People with Aspergers can appear intelligent, articulate, and often subconsciously use masking technique to try and fit in. "Don't judge a book by the cover." Sadly the government claims to give parity to mental health issues is without substance, DWP often makes assumptions like these based on superficial presentation, unlike your 20 page diagnosis which was undoubtably in depth.

I would say you need to see a welfare advisor in your region, perhaps a service that specialises in autism - who may be able to point you in the right direction even if they cannot provide direct support - and consider appealing. Try and locate someone with experience in welfare advice, who can relate to your explanation (you could take a copy of what you wrote above) and closely follow the excellent advice given here. I would also try and see a sympathetic GP for support, and to help you deal with any anxiety and depression caused by this stress.

Whilst you may be isolated - just want to say... you are not alone. A lot of people with autism are battling a system, whilst trying to be as productive as we can in our lives, and often with external support fading away under cuts, overstretched psychological and GP services refusing to participate, and often isolated. This forum is primarily for direct advice, but there are a few forums out there where autistic people can connect, and you may find it helpful to investigate some of those and talk with others in the same boat.

Best wishes Jack… TDT

Hi again, I thought I would give an update on my situation.

I received my ESA letter which stated zero points, and also requested a copy of the medical report. The medical report seemed to continually reference "mental health condition", rather than "disability", and kept cementing the fact that when I attended the WCA, my breath didn't smell of alcohol, that I was tidily dressed and "normal behaviour" were observed, despite the fact I had a very stressful incident in the assessment meeting.

I spoke to my local CAB, who put me in touch with a local support charity, that then wrote a letter on my behalf as part of a mandatory consideration, breaking down all of the points as required. I also obtained a letter from my university as well, which also stated that I would struggle to keep employment, backing up my case.

After this was sent off, someone from the complaints team called me on the phone to discuss the complaint I had (regarding the original DM and the way they spoke to me). I explained my full situation, and they said that the would personally email this information to the new DM. The lady I spoke to was incredibly friendly and accommodating, which was nice.

I received the result back from my mandatory reconsideration. They have stated that the result from before still stands, and that I am still awarded zero points. They also told me that they are favouring the WCA assessment processional over any other further information that has been provided, including letters from my university and the charity. They then said, and I quote: "Any other issues that you may have raised in your request for a Mandatory Reconsideration would have no affect on the decision under reconsideration and therefore have not been addressed". It also states that "The activities do not have to be performed without any discomfort or pain and based on the available evidence it is reasonable to conclude that although you experience pain when carrying out physical activities, the evidence does not suggest that the pain affects you to the extent you cannot perform activities effectively in respect of the Work Capability Assessment."

This is very strange, at no point did I state that activities caused me physical pain, as it is more of a stress, anxiety and depression discomfort that is experienced the majority of the time in most situations.

They also stated that no further medical evidence was provided. Originally they were given a 15-odd page diagnosis report. It's not something which flares up and I go see a doctor for, it is a consistent, prolonged condition that I struggle with each day. it is what it is, surely there's nothing else that can be added? Or I could be completely wrong.

The original decision also states that I don't meet exceptional circumstances, such as "being a student who is disabled". I have exactly no idea where to go with this now. I have spoken to the local charity that helped me with my MR, but they told me that they are not able to take on appeal cases now because they are fully booked up, and I literally have no one to help support me on this, at all. Even the CAB told me that the only way they can help is with a self-help pack, which doesn't exactly cover the tribunal process that much anyway. I am completely on my own.

Thanks for your time,

Jack