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ESA my partner had Medical was appalled

  • Linda Vevers
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10 years 1 month ago - 10 years 1 month ago #119191 by Linda Vevers
ESA my partner had Medical was appalled was created by Linda Vevers
hello am new here, just want to say my partner had a Medical last year in Feb 2013, was declared fit for work, he is in wheelchair, suffers severe chronic back pain and neck problems, has sciatica, asthma, now has depression which is brought on by the years worry had tribunal in Feb this year, failed this, so shocked dont know what to think, had welfare rights to represent him dont know what went wrong so upset and worried, now done new claim, got help from Carers Support, hoping all goes good this time, its filled in short and sweet hope this is right way as would like partner to go through this claim without having a medical this time.

Am happy for those who have had good luck, would like to see if anyone has gone through what we have?

we are waiting to see if goes to Upper Tier,

in report from tribunal they are saying he is exaggerating his disablility!!!!! how can he
love to hear what anyone things many thanks
:unsure:
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #119200 by Gordon
Replied by Gordon on topic ESA my partner had Medical was appalled
L

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

Hopefully the advisors you now have will be able to help with thee new claim, but as a general comment ESA is not awarded for the conditions that a claimant has but rather the daily limitations that result from them, also, ESA tests a number of functional areas, but it is easy to be misled by the questions on the ESA50 for example, questions 1 is not about walking but rather a claimants ability to mobilise. Mobilising includes a claimants ability to propel a manual wheelchair, so if your husband is unable to walk but can self-propel the wheelchair he uses he will not score any points for this activity.

Have a look at our ESA Claim guides for a more detailed explanation of what each question actually means.

www.benefitsandwork.co.uk/help-for-claimants/esa

If you have any specific questions then please reply to this post and we will do our best to help.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: libran1962

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  • Linda Vevers
  • Topic Author
10 years 1 month ago - 10 years 1 month ago #119215 by Linda Vevers
Replied by Linda Vevers on topic ESA my partner had Medical was appalled
Many thanks, i do hope she has just feel need more to say.

he doesnt use wheelchair all time just to get him to places such as hospital, doctors etc,
as cannot walk unaided, i help him and with aid of crutch his mobility is poor he cannot stand
unaided cannot walk unaided, had numerous falls, broke right arm open spiral humerous due to poor mobility twice in 10 weeks, have tried to argue this issue, not able to propel himself with one arm being poor so how to argue that, he can only walk 10mtrs aided.

he has ongoing treatments at hospital for treatment to his back and neck

feel am grasping for help, feel so lost
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #119221 by Gordon
Replied by Gordon on topic ESA my partner had Medical was appalled
iceandtini

I think you need to seperate the two processes that you have on-going at the moment, the appeal to the Upper Tribunal and the new claim for ESA.

With the new claim, even though the ESA50 has already been submitted, you have the opportunity to correct all of the mistakes that you hopefully have identified from the previous one. Apart from arguing that there has been an Error of Law and that the previous previous Tribunal Decision should be Set Aside, everything to a considerable extent is fixed.

Assessments are taking a considerable time to be held at the moment, so you I would spend a couple of days going through our guides and the new ESA50 to see if you can clarify anything better or further, you can continue to submit information up to and including the day of the assessment.

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

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