- Posts: 24
× Members
esa appeal
- dennygilly
- Topic Author
- Offline
Less More
8 years 9 months ago #137896 by dennygilly
esa appeal was created by dennygilly
I have recieved appeal paperwork with medical report.I broke left ankle and foot jn August last year. This resulted in two major operations having my foot and ankle rebuilt with metal. I had medical assessment on 30th Aptil and scored no points. The report constantly refers to problem with left leg not ankle.It does state that i cannot go upstairs without sevdre pain and the time it takes makes it not practical. It also states that i was discharged by specialist it does not state that I have to do intense physcio at home evdry day.report also states that U was observed to walk15 meters with a stick an limp.I told the asesdor that had tried to return to work but this resulted in a referal back to specialist asconditioned worsened. I take painkillers but gp reluctant to up dose as i had a previous addiction to heroin many years agoshould i mention this in submisdion.
I have asked for colies of xrays as i dont think the assessor took into account the severity of injury, the surgeon told me it is the worst anmle injury he has ever come accross. The report states that leg a d ankle were swollen this was at nine am by lunch time foot is three times the size.The assessors fibishes her summary with does bot sugest that significant impairment would be likely for most of the time. I am at lose to see how she came to this conclusion. Any advice woul be appreciated before i write submisdion and ask doctor for supporting lettsr. Given the amount of pain I experince and the fact that it takes me four times as long to walk any distance let alone fifty meters i thought i would have qualified for support group.
Hope all this makes sense. Thank you.
I have asked for colies of xrays as i dont think the assessor took into account the severity of injury, the surgeon told me it is the worst anmle injury he has ever come accross. The report states that leg a d ankle were swollen this was at nine am by lunch time foot is three times the size.The assessors fibishes her summary with does bot sugest that significant impairment would be likely for most of the time. I am at lose to see how she came to this conclusion. Any advice woul be appreciated before i write submisdion and ask doctor for supporting lettsr. Given the amount of pain I experince and the fact that it takes me four times as long to walk any distance let alone fifty meters i thought i would have qualified for support group.
Hope all this makes sense. Thank you.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51106
8 years 9 months ago - 8 years 9 months ago #137906 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa appeal
dennygilly
If you are hoping to qualify for ESA solely on your ankle problem then you may struggle to do so.
ESA looks at your ability to mobilise, in addition to walking (with aids) it looks at your ability to self-propel a manual wheelchair, you do not need to be using a wheelchair or to even own one, as long as the usage is considered reasonable it will be included.
So even if was accepted that your ankle injury restricts your walking to less than 50m for the majority of the time, if you are considered to be able to self-propel a manual wheelchair over 200m, then you will not score any points.
Gordon
If you are hoping to qualify for ESA solely on your ankle problem then you may struggle to do so.
ESA looks at your ability to mobilise, in addition to walking (with aids) it looks at your ability to self-propel a manual wheelchair, you do not need to be using a wheelchair or to even own one, as long as the usage is considered reasonable it will be included.
So even if was accepted that your ankle injury restricts your walking to less than 50m for the majority of the time, if you are considered to be able to self-propel a manual wheelchair over 200m, then you will not score any points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- dennygilly
- Topic Author
- Offline
Less More
- Posts: 24
8 years 9 months ago #137909 by dennygilly
Replied by dennygilly on topic esa appeal
i live on an unmade road that is unsuitable for wheelchair.Would thjs be taken into account.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51106
8 years 9 months ago #137911 by Gordon
You can certainly attempt to argue this, but recent Case Law on the subject reduces the impact that logistical problems with the usage of a wheelchair might have, so it is not as strong an argument as it used to be.
Has your GP or a Consultant recommended that you do not use a wheelchair?
Did you expect to score points for any of the other ESA Descriptors?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa appeal
dennygilly wrote: i live on an unmade road that is unsuitable for wheelchair.Would thjs be taken into account.
You can certainly attempt to argue this, but recent Case Law on the subject reduces the impact that logistical problems with the usage of a wheelchair might have, so it is not as strong an argument as it used to be.
Has your GP or a Consultant recommended that you do not use a wheelchair?
Did you expect to score points for any of the other ESA Descriptors?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris