esa appeal wrag to support

johndmrukmcdermott wrote: I would like some advice on mobility I cannot mobilize more than 30 metres and atos medical confirmed due to upper body weakness I could not mobilize in a wheelchair yet placed in wrag group how can I make this plain at appeal

If you have not already done so, you should get a copy of the ESA85 medical report if you had a face to face assessment and the ESA85A if you did not and the LT54 that would have been completed by the Decision Maker.

ESA medical – what forms to ask for?

Either the DM has disagreed with the distance that the ATOS assessor has concluded that you can mobilise, it's unusual but does happen, or ATOS have agreed that you cannot propel a manual wheelchair more than 50m but have stated that you can walk more than 50m.

Depending on the circumstances you need to argue that you cannot do either. Things to bear in mind;

- any distance must be without significant discomfort or breathlessness, any distance beyond the onset of one of these should be discounted.

- you must be able to repeat the task within a reasonable period of time, so if you can walk 50m but then could not do so again for two hours, then you should classed as being unable to do it.

- you must be able to perform the task for the majority of the time, so if you can walk more than 50m one day a week but cannot do so six days a week then it is the latter that should apply.

- if you cannot mobilise 50m at the start of the day then you should be classed as being unable to do so for the rest of the day.

Other than that, go back to the ESA Claim guides, to see if you can re-present your case in a different way, also whether you should meet the criteria for any of the other Descriptors

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

Gordon