Mental Health Resistance Network: Judicial Review
Members of the Mental Health Resistance Network (MHRN) have been working with a solicitor towards making a claim for a Judicial Review of the Work Capability Assessment (WCA) which is the assessment used to determine whether we will be granted Employment Support Allowance or sent back to work (if there is any work to be found!). MHRN are just focussing on people who claim on mental health grounds.
MHRN are now at a critical stage in this process as they are very close to being able to make the claim for Judicial Review. However, before theycan do this, it would help if they could find stories that will show the court what sort of problems the WCA causes. So they are looking for people who have been through the process and would be able to tell us about their experience. If people wish, MHRN can present their cases anonymously when they use their evidence. Although it would be very good if people were prepared for MHRN to give their names to the DWP so that the DWP could check their stories, it is not essential.
There are two types of experience that we are particularly interested in (in the solicitor's words):
(i) Cases where a person claims ESA without producing any medical evidence and is refused benefit, but then wins on appeal when medical evidence is obtained.
(ii) Cases where a person claims ESA without producing any medical evidence, is refused benefit, does not appeal (perhaps because they can't face it), and then bad things happen (for example they go into work and become ill, or have a problem, or can't get work, or whatever). Ideally, the case is recognised down the line as a problem because a CAB or law centre makes a new application with medical evidence and benefit is awarded.
In other words:
1) you have you claimed and been turned down for ESA but were successful on appeal when you produced additional medical evidence
or
2) were you turned down for ESA and did not appeal but reapplied with medical evidence, and were successful.
You can send your stories to: mentalhealthresistancenetwork@gmail.com
Or you can write to the solicitor whose address is below.
MHRN need these stories urgently so if you can help, please contact us as quickly as possible.
Ravi Low-Beer - Solicitor
Public Law Project
150 Caledonian Road
London N1 9RD
Tel: 0845 543 5944
Fax: 0845 345 9254
MHRN are now at a critical stage in this process as they are very close to being able to make the claim for Judicial Review. However, before theycan do this, it would help if they could find stories that will show the court what sort of problems the WCA causes. So they are looking for people who have been through the process and would be able to tell us about their experience. If people wish, MHRN can present their cases anonymously when they use their evidence. Although it would be very good if people were prepared for MHRN to give their names to the DWP so that the DWP could check their stories, it is not essential.
There are two types of experience that we are particularly interested in (in the solicitor's words):
(i) Cases where a person claims ESA without producing any medical evidence and is refused benefit, but then wins on appeal when medical evidence is obtained.
(ii) Cases where a person claims ESA without producing any medical evidence, is refused benefit, does not appeal (perhaps because they can't face it), and then bad things happen (for example they go into work and become ill, or have a problem, or can't get work, or whatever). Ideally, the case is recognised down the line as a problem because a CAB or law centre makes a new application with medical evidence and benefit is awarded.
In other words:
1) you have you claimed and been turned down for ESA but were successful on appeal when you produced additional medical evidence
or
2) were you turned down for ESA and did not appeal but reapplied with medical evidence, and were successful.
You can send your stories to: mentalhealthresistancenetwork@gmail.com
Or you can write to the solicitor whose address is below.
MHRN need these stories urgently so if you can help, please contact us as quickly as possible.
Ravi Low-Beer - Solicitor
Public Law Project
150 Caledonian Road
London N1 9RD
Tel: 0845 543 5944
Fax: 0845 345 9254
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