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ESA from WRAG to Nothing after Mandatory Recon

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8 years 2 months ago #150294 by Andy
Please advise on this guys
I got my ESA at wrag i know i should be on support group as i have never damage to me leg which restricts moving and walking more than 2 meters and sitting for maybe 5 to 10 min before i need to stand. Suffer from depression, balance and memory loss.

I asked for a mandatory reconsideration. Didn't here anything back for about 2 weeks. so i called them today only to be told that i my ESA had been stopped and that i had to apply for JSA. No phone call from the decision maker nothing. I had further info i needed to give to them but i didn't get the chance. While i was awaiting the ESA outcome i had my PIP medical and received Standard Daily allowance and ENHANCED mobility. So back to the ESA someone there told me the person who made the decision was on holiday but it looks to her like i was awarded 9 points for mobility and another 9 points for sitting or something i didnt make it out what she ment but the short of the matter is that one person made my using the old rules the second disallowed the award on the new rules ???? How can this be.

Should the second person not base the findings on the same rules as the first.
Without given any chance for me to say or add that my condition had become worse
i am going to appeal on this but please any advice would be greatly received

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8 years 2 months ago #150306 by Gordon
Andy

The ESA assessment criteria have not been updated since early 2013 so I'm not sure why you have been told that the WRAG Decision was made under "old" rules and the Fit for Work one under the "new" ones.

There do appear to be some issues with your understanding of the Descriptor, my apologies if this is simply because of the way you have worded your post

ESA looks at your mobility, in addition to your ability to walk this also includes your ability to self-propel a manual wheelchair over equivalent distances. You do not need to currently use a wheelchair or to even own one for this to be included/

The Standing and Sitting Descriptor looks at how long you can remain at a workstation, the time is calculated from both the time spent sitting and the time spent standing, the "clock" will only stop when you have to move away from the workstation due to significant discomfort or exhaustion.

As an MR has been completed your only option for this claim is to now make an appeal, Have a look at out ESA Appeal guide for more information on how to do this.

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

You can make a new claim for ESA, but unless you can show that you have a new condition or that your existing ones have deteriorated such that you might now meet the criteria for an award, then you will not be paid until a new assessment has been done.

Gordon

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

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8 years 2 months ago - 8 years 2 months ago #151596 by Andy
Hi Please be aware that you can have your points taken away as well as points gained.
I have nerve damage in my leg which means i cant sit or stand for very long. I get shockings pains down my leg so i have to alternate between sitting and standing.
I was awarded 9 points for mobilising and using steps. Then another 9 points for standing and sitting.
I was not told of these points until i called to see how my claim was going. Over the phone i asked for a MR then i heard nothing I received my letter telling me of the points i had been awarded but heard nothing of the MR. I called after 4 weeks and was told that the MR had gone ahead and that i was awarded 0 points for both Mobilty and sitting.
I didn't receive a telephone call to discuss my situation or to say i had all my points removed.
I complained about the lack of communication but all i got was someone saying sorry and that it is not always the case that the decision maker calls the client.
For me to lose the points the decision maker said in the letter that i could use a wheelchair with a raised leg???? I never had the chance to speak to the DM as they were on holiday. i tried to explain how can i be expected to get my self out of a wheelchair with a leg support when i had pain shooting through my leg. But all they said was to appeal. I have asked for an appeal which i have asked as an oral appeal i have sent them a letter from my doctor saying that i my pain was increasing. In the time between my ESA medical and the decision being over turned. I had my PIP medical and was awarded Standard for one and Enhanced for mobility.
PLEASE PLEASE BE AWARE THEY CAN TAKE YOU POINTS AWAY.
Last edit: 8 years 2 months ago by slugsta.

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8 years 2 months ago - 8 years 2 months ago #151601 by slugsta
Hi Andy,

I have moved your message to the topic you started a week or so ago. Please help us by keeping all posts relating to your ESA claim/appeal in one place. You will find this topic easily in future if you bookmark/favourite it on your web browser now.

We do warn our members that the Mandatory Reconsideration, and appeal, can result in points being removed. If you fell foul of the 'imaginary wheelchair' you will need to show the appeal panel how/why this would not be reasonable for you. They will not be able to take into account any worsening of your condition since the original decision was made, so a letter from your doc stating that your pain is worsening will not be of any help :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by slugsta.

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