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can i get esa

  • lonegunmen
  • Topic Author
8 years 10 months ago - 8 years 10 months ago #135583 by lonegunmen
can i get esa was created by lonegunmen
hi,
can i get esa for moderate osteoarthritis and having hip replaced 2009.still cant walk far and in discomfort all the time
regards
Last edit: 8 years 10 months ago by .

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8 years 10 months ago #135596 by Gordon
Replied by Gordon on topic can i get esa

lonegunmen wrote: hi,
can i get esa for moderate osteoarthritis and having hip replaced 2009.still cant walk far and in discomfort all the time
regards


Has your GP issued you a Fit Note?

If they have or are willing to then you can make a claim for ESA, however, whether you meet the criteria sufficient for an award will depend on how your conditions affect you on a daily basis. Have a look at our ESA claim guides for more information.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Have you looked at claiming PIP? Again it is based on the effects of your condition rather than the condition itself. See

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

Gordon

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

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  • lonegunmen
  • Topic Author
8 years 10 months ago #135839 by lonegunmen
Replied by lonegunmen on topic can i get esa
hi,
doctor said i can only walk 50 metres at a time.
regards

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8 years 10 months ago - 8 years 10 months ago #135843 by
Replied by on topic can i get esa

lonegunmen wrote: hi,
doctor said i can only walk 50 metres at a time.
regards


Hi lg,

You need to read the ESA and PIP Guides that Gordon provided the links to.

ESA has a "Mobilising" test where not only is your walking ability assessed with or without aids, you are also assessed on whether you could self propel a manual wheelchair unaided even if you have never owned one or been advised to use one.

To gain access to The Support Group of ESA you must not be able to "Mobilise" more than 50 metres.

PIP Mobility Component is purely a "Walking" test but the bench mark distance to receive the Enhanced rate is only 20 metres. (you can also gain a PIP Mobility Award for mental health issues)

You could also take our : ESA Self Test. and our PIP Self Test

Which may give you a good idea of your potential entitlement to ESA and/or PIP.

bro58
Last edit: 8 years 10 months ago by .

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  • lonegunmen
  • Topic Author
8 years 10 months ago - 8 years 10 months ago #136042 by lonegunmen
Replied by lonegunmen on topic can i get esa
hi,
ive been claiming esa since having my hip replaced 2009(only 39 at time).

i have won all my appeals with the dwp due to the fact i have osteoarthritis (now in left hip and right knee).

i cant walk now not even 30 metres due to the fact im in alot of discomfort/pain. i have had medical evidence from both consultant and doctor backing up in what i say.

Right, i need to go for f/f with my local jobcentre due to the fact that i sent a letter in(july,2014) stating i should be in the support group because of the discriptor (1).

1 (a) Cannot either (i) mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion or (ii) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion. 15 points.

maximus never sent a esa113 or esa50, so i got them filled in and sent them both to dwp and maximus

do you believe i still need to attend even though i sent evidence and every time i go for the appeal,they say "what you doing here,weve seen the evidence and happy to apply the above
regards.
Last edit: 8 years 10 months ago by .

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8 years 10 months ago - 8 years 10 months ago #136048 by
Replied by on topic can i get esa

lonegunmen wrote: hi,
ive been claiming esa since having my hip replaced 2009(only 39 at time).

i have won all my appeals with the dwp due to the fact i have osteoarthritis (now in left hip and right knee).

i cant walk now not even 30 metres due to the fact im in alot of discomfort/pain. i have had medical evidence from both consultant and doctor backing up in what i say.

Right, i need to go for f/f with my local jobcentre due to the fact that i sent a letter in(july,2014) stating i should be in the support group because of the discriptor (1).

1 (a) Cannot either (i) mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion or (ii) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion. 15 points.

maximus never sent a esa113 or esa50, so i got them filled in and sent them both to dwp and maximus

do you believe i still need to attend even though i sent evidence and every time i go for the appeal,they say "what you doing here,weve seen the evidence and happy to apply the above
regards.


Hi lg,

It is not entirely clear from your comment :

"Right, i need to go for f/f with my local jobcentre due to the fact that i sent a letter in(july,2014) stating i should be in the support group because of the discriptor (1)."


Whether this "f/f" is an ESA "medical" with : The Centre for Health and Disability Assessments (CHDA) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15. or a Work Focussed Interview (WFI) or other form of interview with JC Plus themselves.

You have not even clarified in your post which group of ESA you are in ?

If you are in The WRAG, and have requested a reassessment to be placed into The SG, you still have to take part in WFI's until such a time that you are placed in The SG.

You can request that such interviews are carried out over the phone if you have Mobility problem.

If this is an ESA face to face assessment, ("medical" ) with CHDA (Maximus), you must attend or risk having your ESA payments stopped for non-attendance.

You can read what to expect at an ESA F2F from this link :

ESA Medical – What to expect

You should be aware that how you manage the trip to and from the F2F will be taken into account as part of the actual assessment.

Observations may be made on your approach to the building, whilst inside and on leaving.

The Assessor may make assumptions as a result of these observations, and make comments resulting from these assumptions within the ESA85 Medical Report.

You have quoted the Descriptors for Activity 1 of : The Functional Support Group (LCWRA) Schedule 3 Descriptors

"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."

However, as I advised previously, to qualify under this Activity, not only must you not be able to "Walk" the 50 metres, aided or unaided, you must not be able to self propel a manual wheelchair unaided more than the 50 metres either.

Any decision made by a Tribunal in the past, only "exists" until a decision is made due to a review or reassessment, so just because you may be successful at one or more Tribunal Appeals does not mean that the DWP cannot reassess/review your award and come to a different decision.

As your post is not that clear, if I have misinterpreted your query, please reply to this topic.

bro58
Last edit: 8 years 10 months ago by .

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