ESA65 Confusion and MR help

Hey, I received my ESA decision today, not surprised found fit for work:)

anyways, firstly it says the DWP decision maker assessed my capability to do some type of work using the information on my capability for work questionnaire and the HCP's report. However later on it goes to say at the time of making the decision, the ESA50 questionnaire was unavailable to the decision maker, as a result the DM has considered that there is sufficient information without the ESA50 to determine whether the claimant has limited capability for work. Then it goes on to say that they have considered the information on the ESA50 and other evidence when making the decision... what the hell is going on?

The report goes on to say I was seen walking for 30 metres then stopped for 5 minutes due to pain. Then that I use a wheelchair (manual) once a week which I push myself. (I did not say I push it myself as I physically can't as it causes extra pain on my back plus my medication makes me weak.)

then it says the evidence indicates I can repeatedly mobilise more than 200 metres on level ground bla bla bla...

This is not true without a wheelchair, and the wheelchair is not pushed by me?? they awarded me 0 points for that.

They go on to say the DM believes a wheelchair could be obtained by the NHS and it will enable me to mobilise more than 200m and if there is no space at home, it could be stored at work...

HOW CAN I EVEN GET TO WORK THEN!

So anyways I guess ill be going to my gp to get proof that I cannot use a manual wheelchair, can anyone help on how to do this and what other information I can get in order to help with my MR.

Thank!

Hi Velvet and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm sorry that you are going through this

Despite the problem of whether or not your ESA50 was available to the assessor and/or decision maker, you will only gain ESA if you can show how and why you meet the descriptors.

It seems that you have fallen foul of the 'imaginary wheelchair' (which we warn about in our ESA guides). The descriptor relates to 'mobility' not 'walking' and the assessor is allowed to decide that you would be able to self-propel a wheelchair, whether or not you have ever had one!

In addition, it does not matter whether you would be able to get anywhere in 200m, whether there is any job you could do or whether anyone would employ you. If you are judged to be able to self-propel for 200m you will score 0 points for that descriptor.

You need to show that you would not be able, or it would not be reasonable for you, to self-propel any such wheelchair.

In addition, you need to decide whether you think you should have scored points for other descriptors.

The ESA guides talk you through the MR process.

ESA claims and appeals

It would be helpful to request a copy of the assessment report (ESA85 if you had a face2face assessment or ESA85a if you did not). However, you should not delay in getting the MR request submitted (you have one month from the date of the decision letter) if it has not arrived by that time.

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

You are also entitled to submit a Subject Access Report for all the paperwork associated with this claim - but DWP do have 40 days in which to comply.

Requesting a Subject Access Request (SAR) :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.[/url

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

Thanks for the swift reply, I cannot use a manual wheelchair due to the pain it will cause on my back from pushing, what kind of medical evidence will be good enough and how can I mention it to my gp?

Thanks.
I have already requested the ESA85 and waiting on this.