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esa.reconsideration.

  • Rees
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9 years 11 months ago - 9 years 11 months ago #121148 by Rees
esa.reconsideration. was created by Rees
I have been on invalidity, incapacity benefit.for about 26 years due to an accident in the coal mine which I was pensioned out of the industry with a back problem. October 2012 I was asked to go for a f2f assessment after I sent my form back to DWP. I have walking difficulties , I use a walking stick, I am in constant pain, I am on strong pain relieve, but still scored nil points at my assessment. The nurse that assessed me told lies on my assessment to the DWP , and said I could use a wheelchair because I have upper body strength.I appealed this decision went to tribunal and was awarded 9 points on mobilizing and 6 points for sitting and standing.I was given esa wrag group, I didn't know at the time that this was only payable for 12 months, thought it was like the old benefit. At the time of assessment I had been referred to pain clinic by my GP and was awaiting physio which was no good to me and now I have been given MRI scan my condition will never get better as the bones in my lower back are crumbling and catching nerves I just have to try and control the pain so I have been given extra meds. I went to my C A B to ask advice, they told me to write to DWP ask to be placed in SG that was oct 2013, just made it in time. They couldn't make decision,sent to atos, they sent me a form, I filled it in sent all my scan results etc, I am still waiting, they said I will have to go for a F2F again. My esa stopped 23rd december 2013 can't have any money as my wife works. I didn't know of this forum until after I filled my form in. I went to my GP and asked could he write me a letter to send to Atos said I was willing to pay, but he said they had been stopped writing letters, but to keep fighting my case as they should be able to tell the severity of my pain by the amount and nature of my medication, and to tell Atos and DWP that if they phone him or write to him, he will be awilling to answer any questions. i am also receiving higher rate DLA which I have had for about 20 years after a medical assessment and was awarded a lifetime award, I have recently received a letter telling me I am alright until 2015. Can you give my any advice with regards to my ESA claim. My wife as written this for me as I am Unable to sit for long periods. Thanks.
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago - 9 years 11 months ago #121150 by Gordon
Replied by Gordon on topic esa.reconsideration.
Rees

From what you have posted, you have requested a supersession (re-assessment) of your claim on the basis of a deteriorated condition.

To be successful, you are going to need to show that you meet the Support Group criteria.

You mention two ESA Descriptors, the SG requirements are

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.
Cannot either:

(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or

(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.


and

2. Transferring from one seated position to another.
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.


These and the other SG Descriptors are described in more detail in our ESA Claim guides

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

If you have more 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
Last edit: 9 years 11 months ago by Gordon.

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