A story about my ESA
Been on ESA for about 8 years after every "assessment" I’ve been placed in WRAG.
TBH that was never a problem for me as I only had a phone call every 6 months or so from Job Centre.
That changed about 14 months ago as I was transferred to one of the providers and had to start going to meetings.
The first woman I saw was great and advised to request to put in the support group, so I did.
It took 8 months for a "assessment" (in the meantime I was passed to many different providers)
This "assessment" was a complete joke the report was filled with lies and half-truths.
I got zero points from her, but the decision maker did put me back into WRAG.
I appealed that decision on the grounds of not being able to “mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion & also repeatedly mobilise 50 metres within a reasonable timescale because of discomfort or exhaustion.
I supplied evidence from when I applied for a Blue Badge, and also when I was awarded PIP at high rate mobility and had another supporting letter. All the DWP had was at my "assessment” I was seen walking slowly for 7 metres” I have to admit I go into detail about how someone can assess me being able to walk over 50 metres, when I was only seen walking such a short distance.
I did expect the mandatory reconsideration to reverse that decision (foolish I know) but they upheld the decision, saying being in pain wasn’t a reason
Anyway I asked for a tribunal and basically said the DM had erred in law as being in the pain was a reason and it is clearly stated.
I had my hearing on the 13th Dec that lasted about 45mins. I was asked to go into lots of details about my life. I expect this was to see if my answers were consistent. It did fill like a grilling but I was glad it was detailed as I knew my answers would support my case. At the end they said they would call me back in to explain their decision.
I knew being called back in can be good omen as the person before me wasn’t , but was worried about the “explain their decision”.
While waiting it was the first time I thought I might lose even though all the evidence is on my side. I needn’t have worried my appeal was allowed and basically explained that my oral evidence was relied upon.
So that my ESA story, now to the question I have
The tribunal recommends I am not reassessed for at least 24 months, and want to know if the DWP pays attention to this?
P.S. I just had a letter from the Job Centre for an appointment in Jan, guess who won’t be going