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ESA appeal questions

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8 years 1 week ago #157815 by Nickjb
Replied by Nickjb on topic ESA appeal questions
I have asked for a copy of my last report so I can see - I assume it was the Communication one - has significant difficulties which puts you in support group. Cant remember what assessor asked as I cried all through this recent one but it was recorded that I said I would talk to a stranger in the street and as long as I can lipread them I would be fine - but I explained this would depend on the person - explained if certain dialect, poor lip movement, background noise, if I am anxious etc but this wasn't recorded - I put all this in the MR report along with a diary of being out and about and examples of how I struggle with strangers talking - gave them % of what I heard etc. Looking at descriptors I am arguing for 7 a on the grounds of repeatedly and reliably and that the variation is also affected by tiredness and anxiety, that I have difficulty with all people but particularly strangers in the 'real world where other factors come into play.
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8 years 1 week ago #157820 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Some example - I will go to a show and sit right at the front with my glasses on to be able to lipread and will on average not hear more than 2% of what is said. I only watch TV with subtitles - I cannot lipread on the TV. I will go out and about and talking to strangers I will hear from 0% to 30% of what they say. This proves in my view my lipreading and hearing skills are not reliable and repeatedly good enough.

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8 years 1 week ago #157835 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Apologies - have made another mistake - did 2 quick replies which have been posted with no response - sorry can a Mod look at them and comment when time please thanks so much for all your help

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8 years 1 week ago #157857 by Gordon
Replied by Gordon on topic ESA appeal questions
Nickjb

I'm not sure as to what comments you are looking for :( if you believe that you meet the criteria for 7a then you should argue this, issues of repeatability and how often you are affected are relevant to ESA.

Just make sure you understand the criteria;

(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape.

It's reasonable to argue that cannot does not mean never, but you should take it as being substantially more than the majority of the time.

It's a simple message not a conversation so you need your response to be in context to this.

Gordon

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

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8 years 1 week ago #157876 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Thanks.
My argument would be that with my deafness it would be hit or miss for me to hear even a simple message - I understand we are talking about a simple message not a full blown conversation but my argument would be if I can't hear (for the reasons I have cited) I can't hear - it is as simple as that - and this applies to a simple message such as 'get out now' or 'there is a fire you need to leave' - I would be arguing my hearing is not good enough to be relied upon to ensure I hear what is being said - simple message or otherwise.
This is the truth of the matter in its simplest form - is this a valid reason to challenge that I meet descriptor 7a) ?


Many thanks

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8 years 1 week ago #157888 by Gordon
Replied by Gordon on topic ESA appeal questions
Nickjb

The only visibility that I have of your problems is what you post in the forum, if you believe that you meet the criteria for 7a for the reasons that you have posted then that's good enough for me. :)

Gordon

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

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