ESA - WRAG to support group tribunal hearing.
Hi guys!
Can someone please help and advice me on the matter I will be explaI ning.
My mum is currently on esa and was awarded 15 points. she was put in the WRAG. But since the beginning (nearly 1 year 3 months) she was never able to attend her WRAG interviews due to her mental health conditions. She suffers from severe depression, post traumatic stress disorder, recurrent panic attacks, muscular spasm and agoraphobia. She is currently on anti depressants and taking cbt and talking therapy.
So her esa adviser suggested me to appeal for my mum to be put in the support group. He understood my mum was unable to attend and therefore always used to conduct the interviews over the phone for her. In other words, although she was placed in the WRAG, thanks to her considerate advisor, she never actually had to attend any interviews for the past 1 year. Since I am her fully authorised appointee (approved by the dwp), I have to attend any interviews or answer phone calls on behalf of her.
We had a hearing last week and I took my mum but the judge refused to continue as they needed an interpreter and I was not allowed to interpret on behalf of my mum, despite me being her appointee. So the hearing was adjourned to a later date.
Now my problem is, during the hearing my mum's health was severely affected and she fainted on her way back due to a severe panic attack. I had informed her gp and he advised me to keep her away all the stressor. consequently I don't want to take her on the next hearing as I will be appearing as her representative.
Can someone please advise me on how I can make this hearing go successful. Any help and advice would be highly appreciated.
Best Regards.
Can someone please help and advice me on the matter I will be explaI ning.
My mum is currently on esa and was awarded 15 points. she was put in the WRAG. But since the beginning (nearly 1 year 3 months) she was never able to attend her WRAG interviews due to her mental health conditions. She suffers from severe depression, post traumatic stress disorder, recurrent panic attacks, muscular spasm and agoraphobia. She is currently on anti depressants and taking cbt and talking therapy.
So her esa adviser suggested me to appeal for my mum to be put in the support group. He understood my mum was unable to attend and therefore always used to conduct the interviews over the phone for her. In other words, although she was placed in the WRAG, thanks to her considerate advisor, she never actually had to attend any interviews for the past 1 year. Since I am her fully authorised appointee (approved by the dwp), I have to attend any interviews or answer phone calls on behalf of her.
We had a hearing last week and I took my mum but the judge refused to continue as they needed an interpreter and I was not allowed to interpret on behalf of my mum, despite me being her appointee. So the hearing was adjourned to a later date.
Now my problem is, during the hearing my mum's health was severely affected and she fainted on her way back due to a severe panic attack. I had informed her gp and he advised me to keep her away all the stressor. consequently I don't want to take her on the next hearing as I will be appearing as her representative.
Can someone please advise me on how I can make this hearing go successful. Any help and advice would be highly appreciated.
Best Regards.
Your mum and you need to get help from someone like CAB. The tribunal (also known as an appeal) are only interested how she was at the time of the assessment and not now. She can only appeal on the basis that she meets the criteria for support group and not because she doesn't like the decision.
Original post by OU Student
Your mum and you need to get help from someone like CAB. The tribunal (also known as an appeal) are only interested how she was at the time of the assessment and not now. She can only appeal on the basis that she meets the criteria for support group and not because she doesn't like the decision.
She quite obviously meets the criteria.
Original post by samba
She quite obviously meets the criteria.
Maybe, maybe not. Either way, she (or the OP) has to prove that.
Original post by OU Student
Maybe, maybe not. Either way, she (or the OP) has to prove that.
There's no maybe or maybe not about it. The FTT is not under the influence of the DWP, and just from the evidence above (yes, evidence from both the appellant and their family counts), there is plenty of grounds for a section 35 to apply. I can't believe somebody who doesn't work for the DWP is even trying to make that argument. All you're doing is using stress and deterrence tactics on the OP, which once again, is very DWP like.
@OP you may need to look into either a lawyer or legal power of attorney for yourself. CAB only attend 10% of hearings or so that are requested, and an actual attorney attends a fraction of that. It may be a good starting point though.
Look up BenefitsandWork website - well worth the small fee to join - has excellent guides etc by lawyers - my mum swears by it and used it for DLA application
Hi, thanks all.
Well obviously when the decision was made she wasn't well at all and continues to do so. Can someone please advice me, if I attend the hearing as her representative without her, but with strong medical evidence do u think there are chances of success?
Many thanks.
Well obviously when the decision was made she wasn't well at all and continues to do so. Can someone please advice me, if I attend the hearing as her representative without her, but with strong medical evidence do u think there are chances of success?
Many thanks.
Original post by Anonymous
Look up BenefitsandWork website - well worth the small fee to join - has excellent guides etc by lawyers - my mum swears by it and used it for DLA application
This, imo, is a hige waste of money. You can get a lot of decent guides online for free.
Thanks I will do.
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Thanks alot for ur kind help!
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Original post by OU Student
This, imo, is a hige waste of money. You can get a lot of decent guides online for free.
Well yes, if your time is worth nothing.
