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use of aids

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8 years 1 week ago #157793 by intrested
use of aids was created by intrested
Sorry if this already has thread but cant seem to find it, my son has been awarded 0 points in esa medical , he has a spinal disoder which means from waist down on left side he has no feeling leading to bowel and bladder loss he falls daily , he will not get better but he will end up totaly paralysed from waist down as more muscles waste .Re the walking and falling dwp have said heshould hire a wheel chair and wear pads for soiling.Hi spspecialist would go mad if my son was to use wheelchair at min as what muscle tone he has now would just get weaker , can they make him hire wheel chair.thank you for reading this

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8 years 1 week ago - 8 years 1 week ago #157797 by slugsta
Replied by slugsta on topic use of aids
Hi 'interested',

The ESA descriptor relates to 'mobility' rather than 'walking'. The assessor is allowed to decide whether the claimant could self-propel a manual wheelchair - even if they have never had a wheelchair and never been advised to use one! If your son has been advised not to use a wheelchair you/he will have to make that clear.

Are you going to ask for a Mandatory Reassessment? If so, you should deal with this issue in detail.

You might wish to bookmark/favourite this in your web browser now so that you can find it easily in future. Then you can return with further questions/comments without having to start a new topic each time. It helps us enormously if everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by slugsta.

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8 years 1 week ago #157800 by intrested
Replied by intrested on topic use of aids
Thank you so much for reply , wil my son need to phone for mandatory reconsider ation and will he need to ask for full medical assesment records or anything else needs to ask.my son was on esa support early last year after waiting 6 months for appeal but late last year wanted to try working so went back to work , but his condion worsened so back to square one. Thank you

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8 years 1 week ago - 8 years 1 week ago #157817 by Gordon
Replied by Gordon on topic use of aids

intrested wrote: Thank you so much for reply , wil my son need to phone for mandatory reconsider ation and will he need to ask for full medical assesment records or anything else needs to ask.my son was on esa support early last year after waiting 6 months for appeal but late last year wanted to try working so went back to work , but his condion worsened so back to square one. Thank you


We recommend making the request in writing, have a look at our ESA Appeal guide for details of the process and template letters that you can use to make the request with.

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

He should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

His primary task is to show that he meets the criteria, there are many reasons he may have failed, you need to address each of these but he should try not to get bogged down in criticising the assessment report unless he can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with his claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by Gordon.
The following user(s) said Thank You: intrested

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7 years 11 months ago #158948 by intrested
Replied by intrested on topic use of aids
Hi
my son received his medical report this morning half of what happened at medical not mentioned my son also suffer s from hypertension his blood pressure whas taken and was 140 over 100 yet report state s it was 140 over 9 ?.how long does he have now to get is mandentry reconsideration reason back to them is it 28 days from decision letter telling him he doe not qualify .hope you can understand what I have written. Thank you

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7 years 11 months ago #158977 by Gordon
Replied by Gordon on topic use of aids

intrested wrote: Hi
my son received his medical report this morning half of what happened at medical not mentioned my son also suffer s from hypertension his blood pressure whas taken and was 140 over 100 yet report state s it was 140 over 9 ?.how long does he have now to get is mandentry reconsideration reason back to them is it 28 days from decision letter telling him he doe not qualify .hope you can understand what I have written. Thank you


It's one month from the date of the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: intrested

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