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10 years 2 months ago - 10 years 2 months ago #130699 by alice
ESA was created by alice
Hi,
I have been on IB for many years and have just received my decision on my medical for ESA. I Got 0 points, i have Spinabifda which has got worse as ive aged (im 54) they said i could move 200 metres if i used aids such as wheelchair, i currenly dont use one. go up 2 steps, even though on the report it states i sometimes have to go up all my stairs on my bottom. i feel defeated but feel i must appeal, but it all just seems so difficult, hope you can help me
many thanks
Alice
Last edit: 10 years 2 months ago by slugsta.

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10 years 2 months ago #130710 by slugsta
Replied by slugsta on topic ESA
Hi Alice and welcome to the forum.On the assumption that you are also new to the site, this link should help you find your way around.

Welcome to Benefits and Work

It sounds as if you are suffering from a case of 'imaginary wheelchair' :( The decision maker is allowed to presume that you are able to self-propel a wheelchair and therefore score you zero points for mobility. This is even if you don't have a wheelchair and have never used one.

Your first step is to request a mandatory reconsideration. I'm afraid that you will not be paid while this is carried out so you would have to claim JSA if you need money immediately. ESA payments, at assessment rate, would start if/when the MR upholds this decision and you go on to formal appeal.

I sugest you have a llok at our ESA and MR guides as a first step. If/when you have further questions, please reply to this post and we wil do our best to help. YOU will find it easily if you bookmark/favourite it on your web browser now :)

ESA claims and appeals

Mandatory Reconsiderations

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

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10 years 2 months ago #130712 by alice
Replied by alice on topic ESA
Thank you, I will do that

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10 years 2 months ago #130736 by alice
Replied by alice on topic ESA
Hi,
Ive read the ESA and MR guides, it seems that i cant score any points on mobility if they just say use a wheelchair, i dont understand this. on my decision letter it also says i can be at a workstation for at least an hour by sitting and standing alternativly. sorry but im just so confused at the moment

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10 years 2 months ago #130741 by slugsta
Replied by slugsta on topic ESA
If you would be unable to self-propel a wheelchair, for whatever reason, then you need to make this clear.

Likewise, if you would have to move away from a workstation - even with a mixture of sit and stand - within an hour then you must point this out.

As final throw, you should look at the 'exceptional' circumstances rules. If not being awarded ESA, or undertaking work focussed activities, would pose a threat to your health you would be entitled to ESA on these grounds.

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10 years 2 months ago #130744 by Gordon
Replied by Gordon on topic ESA

alice wrote: Hi,
Ive read the ESA and MR guides, it seems that i cant score any points on mobility if they just say use a wheelchair, i dont understand this. on my decision letter it also says i can be at a workstation for at least an hour by sitting and standing alternativly. sorry but im just so confused at the moment


Don't worry, these are not easy tests to understand and the current Government have made both more difficult to qualify for.

The Mobilising test looks at your ability to walk a range of distances but also considers whether that distance could be improved on if you used an aid such as a stick or walker, more importantly it also considers whether your using a self-propelled wheelchair would also help.

For these aids to be considered, their use must be considered reasonable, if a claimant fails to provide evidence to the contrary then there use will be assumed. You do not need to be using a wheelchair or even to own one for it to be included.

So, assuming it is the case, you need to show that your using a wheelchair is not reasonable, this could be for physical reasons, for example if you have a lack of function in your upper body and in particular the shoulders, arms and hands, or perhaps you have pain in the arms, shoulders and spine that would be exacerbated by your propelling a wheelchair, other reasons would include heart problems, and exhaustion.

You can also show that your usage of a wheelchair would not be reasonable, for example if you have received medical advice not to use or the practical storage and use of a wheelchair would be a problem, although you need to be careful of this last one as the DWP have recently issued new guidance on this.

The Standing and Sitting test looks at your ability to stay at a workstation whilst standing or sitting, this could be a till in a supermarket or a desk in an office. The test combines the time that you sit with the time that you stand to calculate the total time that you can remain at the workstation, so even though you might need to move from seated to standing and back again, repeatedly even in while in pain the clock will only stop when you move away from the workstation. If you had a face to face assessment then it is likely that the assessor has used the time you spent in the waiting room and the time you spent in the interview to determine your capability for this.

So to score points you first need to show that you cannot remain at the workstation, this could be because you cannot relieve the pain you would be experiencing by simply standing or sitting. Secondly you need to show the total time before you need to walk away.

The Decision Maker must also take into account the repeatability of the test, so as an example; if you could propel a manual wheelchair 100m but would have to stop and rest for 5 minutes every 25m then you should only be considered as being able to cover the first 25m. Again as an example, if you can only remain at the workstation for 10 minutes before walking away but could return after a couple of minutes, then it is only that initial 10 minutes that would count.

I hope this explains them better, but if not them please come back to the forum and we'll have another go :)

Gordon

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The following user(s) said Thank You: slugsta, alice

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