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Lost Mandatory Appeal
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9 years 11 months ago - 9 years 11 months ago #122212 by stevelinda3
Lost Mandatory Appeal was created by stevelinda3
Has anyone ever won their tribunal appeal and got into the support group, after they had lost the mandatory appeal. I only scored 6 points for for walking 100 meters but less than 200 meters. I had a stroke and my right hand side is affected. Leg, arm hand and fingers.
Last edit: 9 years 11 months ago by slugsta.
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9 years 11 months ago #122215 by slugsta
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Replied by slugsta on topic Lost Mandatory Appeal
Hi Lefty,
As the Mandatory reconsiderations were not brought in until October of last year we have few, if any, members who have had appeal results since then. Please may I remind you that the Mobility descriptor for ESA looks at whether the claimant would be able to self-propel a wheelchair, you will be doing yourself a dis-service if you concentrate soley on walking and do not address this aspect.
As the Mandatory reconsiderations were not brought in until October of last year we have few, if any, members who have had appeal results since then. Please may I remind you that the Mobility descriptor for ESA looks at whether the claimant would be able to self-propel a wheelchair, you will be doing yourself a dis-service if you concentrate soley on walking and do not address this aspect.
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9 years 11 months ago - 9 years 11 months ago #122217 by stevelinda3
Replied by stevelinda3 on topic Lost Mandatory Appeal
I don't use a wheelchair just a walking stick. The decision says as I can make a mark with my left hand and do everything else with my left hand I have no limited capacity for work. Things I can't do is answer a phone and write down a message, carry a bulky parcel like the descriptor says I would be unsafe, but because my left is totally unaffected I meet the criteria, they told me I could do these things sitting down.
Last edit: 9 years 11 months ago by Gordon.
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9 years 11 months ago #122220 by Gordon
You can argue that your problems with the right side of your body would prevent your being able to use a wheelchair, but as Mrs H has posted you cannot assume that the DWP Decision Maker will take this into account as the usage of a wheelchair is assumed even if you do not own one, let alone use one.
I am afraid the dexterity and reaching tests assume the use of both hands/arms, so you are unlikely to score points if you have no problems with the left hand side of your body.
Gordon
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Replied by Gordon on topic Lost Mandatory Appeal
Lefty wrote: I don't use a wheelchair just a walking stick. The decision says as I can make a mark with my left hand and do everything else with my left hand I have no limited capacity for work. Things I can't do is answer a phone and write down a message, carry a bulky parcel like the descriptor says I would be unsafe, but because my left is totally unaffected I meet the criteria, they told me I could do these things sitting down.
You can argue that your problems with the right side of your body would prevent your being able to use a wheelchair, but as Mrs H has posted you cannot assume that the DWP Decision Maker will take this into account as the usage of a wheelchair is assumed even if you do not own one, let alone use one.
I am afraid the dexterity and reaching tests assume the use of both hands/arms, so you are unlikely to score points if you have no problems with the left hand side of your body.
Gordon
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9 years 11 months ago #122222 by slugsta
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Replied by slugsta on topic Lost Mandatory Appeal
Lefty, I think you would benefit from taking a good look at the ESA criteria before your appeal. You need to concentrate your efforts on showing exactly how you meet the descriptors.
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