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ESA help needed - support group?

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10 years 1 month ago #118074 by Billy
Replied by Billy on topic ESA help needed - support group?
Yes Bro as far as Iam concerned it is finished
Thanks Bud

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10 years 1 month ago #118096 by chocoholic
Replied by chocoholic on topic ESA help needed - support group?
Hi Steve

My husband has recently been through the IB to ESA transition & we very nearly had a similar experience to you. Having submitted his ESA50 Mr C was phoned by the DWP who advised he had been awarded ESA. He was assured his benefit would continue just as before but that someone from the Jobcentre would be in touch to see if they could help. Like you, we had no idea there were two levels. Luckily, as it turned out, an appointment came through to see an adviser at the Jobcentre & it was only then we discovered there were two groups within ESA & that in the WRAG benefit would only be for a year.

I then started researching about ESA & found this site. With the help of the brilliant guides & advice from the moderators, we asked for a reconsideration which was turned down then submitted an appeal. In preparation for the appeal we started collecting evidence from our GP, including letters from Mr C's consultant, put together a letter expanding on information given in the ESA50 & various other documents, such as a 'typical day' diary. I was advised at the CAB that the DWP would look at any additional evidence submitted prior to the appeal & sent everything in. We heard in due course that they had changed their decision & put Mr C in the SG so the appeal would lapse. Since then I've requested the relevant papers from the DWP giving the reasons for their decision.

Thought you might find this useful & best of luck.

C

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  • Stephen Barkley
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10 years 3 days ago - 10 years 3 days ago #119993 by Stephen Barkley
Replied by Stephen Barkley on topic ESA help needed - support group?
Hi all,

Well I've finally received a reply. I haven't had a chance to go through everything yet but I've had a little look over the main points.

In summary they've upheld the original decision and its going to tribunal. They don't doubt that I've got mobility issues that warrant the esa award as they state that I am unable to mobilise 200 metres. However they believe that I can mobilise 50 metres so don't think that I qualify for the support group.

I've had a look through the esa appeal guides on here but to be honest I'm not sure how you can prove exactly how far a person can mobilise - I say less than 50, they say 200. Is it simply down to the discretion of the tribunal who they believe?

If anyone can give me some advice on the best way to approach this issue then I'd be most grateful.

Also I will be unable to attend the hearing personally as there's no way i'd be able to cope with getting there, waiting around etc. so if anyone can offer any advice on the best things to send then that would be great.

Once again, a big thankyou to everyone who's replied so far - I'm just glad I finally found this site.

Steve.
Last edit: 10 years 3 days ago by Gordon.

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10 years 3 days ago #120001 by Gordon
Replied by Gordon on topic ESA help needed - support group?
Steve

It is important to remember that the Mobilising test is not just about walking, your ability to self-propel a wheelchair is also being looked at.

Whilst not exclusively, walking is primarily concerned with lower body function and propelling a wheelchair is an upper body one, so the first thing is to look through your medical evidence to see what applies to each area.

The test is not just one of distance, one you experience "significant discomfort" or "significant breathlessness" anything further should not count.

In addition, the distance must be repeatable within a reasonable timescale, there is no definition for this, but twice as long as a healthy person would be a good start|.

Providing examples will be of assistance, but make sure that your measurements are accurate and don't confuse metres with yards or vice versa.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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  • Stephen Barkley
  • Topic Author
10 years 16 hours ago - 10 years 16 hours ago #120112 by Stephen Barkley
Replied by Stephen Barkley on topic ESA help needed - support group?
Hi,

Sorry, should have explained things a bit more in my last post.

They agree that I have issues with walking due to knee problems. They also agree that I would have issues with using a wheelchair due to back problems. The main issue seems to be how far and how quick I can mobilise.

Also, I need to know about timescale - I know that as long as I send the form back within 2 weeks I can then send evidence at a later date. I also know that a tribunal can take about 6 months to happen. However as I'm unable to personally attend a tribunal, am I right in assuming that my decision will be made sooner? I'm a bit worried that I might not have much time to send any evidence to them. Also, would it be beneficial to send a letter saying what I would say if I attended a tribunal in person?

Hope this makes sense.

Thanks again,

Steve.
Last edit: 10 years 16 hours ago by Gordon.

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10 years 16 hours ago #120113 by Gordon
Replied by Gordon on topic ESA help needed - support group?
Steve

Even with this additional information my advice stands and I would add that you should also be looking at your abilities for the majority of the time, so if one day a week you can mobilise 100m-200m but six days a week cannot do so more than 50m, then it is the latter that you should be arguing to be considered.

Please be aware, the statistics for a successful Paper Hearing (that you do not attend) are about a quarter of those for an Oral Hearing (that you do go to).

If you opt for a Paper Hearing then you have one month from the date you receive the evidence packet to submit any submission and additional evidence. You may have longer, but as Paper Hearings are held without notice, anything you submit after this period may not be included. For an Oral Hearing you can continue to submit evidence up to about 7 days before the hearing.

Your submission can include any points you want to argue, for example; why you disagree with the ATOS and DWP view of how far you can Mobilise.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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