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Please help - ESA denied after assessment

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7 years 9 months ago #163216 by Derek4
Replied by Derek4 on topic Please help - ESA denied after assessment
Hi PurpleCrutches,

As I suffer from mental health problems I'm not so knowledgeable about the physical descriptors, but I'll give you my opinion anyway.

Whilst there is no clear definition of "reasonable timescale", in my view, if you have to mobilize a wheelchair to post a letter, it's not reasonable to sit in the pouring rain or freezing cold for five minutes to recuperate enough to get back.

The DWP would like to think that people with mobility problems can mobilize to the office at 9am (the office being 200 metres away), and mobilize back at 5pm without much movement in between, but we all know that life's not like that.

Posting a letter was just an example, but it may help if you can think of some real examples of things you need to do but can't because the time it takes to recuperate makes in not worthwhile. This could then form the basis of an argument that you are unable to repeat the activity within a reasonable timescale.

Concerning standing and sitting, the test is how long you can remain at the workstation before needing to move away. I don't think the clock stops the moment pain sets in, and if you can last 28 minutes, it could be argued that on the balance of probabilities you would last 30 minutes. However the test questions whether you could do this for the majority of the time. Clearly you were under pressure to remain at the desk - if you got up and walk out you could be considered to be refusing to submit to the assessment. So if you are unable to do this regularly or for the majority of the time, you can still argue that you should score points.

Good luck,

Derek

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