I lost my ESA tribunal today cos the panal said cos I am a carer to my adult son it shows I can do some work so they left me in the WRAG. A year ago I was put back in the support group without even seeing the tribunal and nothing has changed except my mobility has got worse due to an accident. I was only flagged up again cos they made a mistake on my claim and restarted my ESA claim.
The panal would not listen to me or my rep explain the fact that I only supervise my autistic son ( he needs constant attendance) and do no physical work for him. They made out I should not be claiming it even when I explained the carers is taken off my ESA so I had no financial gain by having it and I was advised to claim it.
I have traumatic brain injury with many issues such as memory loss, severe anxiety, depression and mood swings
right sided weakness and foot drop
kidney failure and hypertension
arthritis in right hip
Soon on top of my struggle to care for adult my son as a single parent they now expect me to get work ready too. I will have to take my son with me. Am in bits tbh. I cried for 4 hours. Nothing I can do. They were my last hope. I could tell they never even read the evidence. One stupid question after another…what can’t you remember being one of them. Why do you feel anxious being another. Why do you use a walking stick? I was like seriously? It was a nightmare.
No, it was the final appeal hearing. I already lost mandatory reconsideration. I was only in the support group again for 3 months before they decided I had been wrongly paid and they cancelled my claim, despite them admitting it was their error, and I had to start again. So I have had 2 work capacity assessments and two appeal tribunals in less than 18 months. I still cannot see how I can be put in the support group with one appeal and 9 months later get taken out when my illnesses are chronic. My only light in all this is the JC lady I saw when I was first put in the WRAG before this latest appeal is very understanding. What has cut me to the heart is not the fact I lost but their attitudes towards my caring for my autistic son. He was just seen as a problem to be overcome or passed on to someone else.( and why hadn’t I ?) It hurts when you feel people are rubbishing your life and your child.
They have absolutely no idea what being a parent to someone with learning difficulties is like.
Sometimes I feel I’m being punished for a crime I didn’t commit. M was brain damaged at birth. Year later I found out that the midwife, who smacked my bum and told me it didn’t hurt that much, was a trainee without supervision!! Nothing on the notes for three hours meant I could not prove negligence.
I’ve never heard of the Statement of Reason before. Be sure to get one, maybe share it with us here. If it can be shown to be unlawful, i.e. the rules were not applied properly, that would give you an opportunity for some sort of review/appeal.