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ESA Support group. shockingly found fit for work!
- Car147
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6 years 1 month ago #229080 by Car147
ESA Support group. shockingly found fit for work! was created by Car147
Hi
I need some advice please. I have been on Contribution based ESA in the Support Group since having to leave my work in 2014 due to spinal issues. Every assessment whether for PIP or ESA i have had to go to a MR and request reports etc from my GP.
I was recently assessed at the beginning of March for ESA via a home visit, last Friday i got a phone call stating i had received only 9 points for the Seated/Standing element. and nothing for mobility which is the main issue with Standing/Walking. I can walk 50mtrs, but i definitely cannot walk 50 mtrs repeatedly within a reasonable time..
There are some glaring inaccuracies at best, blatant lies at worst. In the basic report i received from the decision maker. where the HCP stated i could rise without issue from my
chair without difficulty! No surprise there as i use riser/recliner and used the controls to raise myself. The decision maker informed me i had been found fit for work, and to apply for JSA!
Not getting any deeper into things at present, what i really need to know is best course of action. I have yet again requested a MR (using the template on this fine site) both by recorded letter. and verbally.requested reports from my GP (happy to do so, )
Today i have received my P45 from the DWP. Do i have to claim JSA as i think this is totally inhumane and would result in extreme pain on my part just trying to get to the nearest job centre plus (60 mile round trip.via public transport.
Or am i best to continue with my fight to get Contribution based ESA reinstated. my GP states i have her, and likely my Consultant's full backing.
Thanks in advance for any assistance
I need some advice please. I have been on Contribution based ESA in the Support Group since having to leave my work in 2014 due to spinal issues. Every assessment whether for PIP or ESA i have had to go to a MR and request reports etc from my GP.
I was recently assessed at the beginning of March for ESA via a home visit, last Friday i got a phone call stating i had received only 9 points for the Seated/Standing element. and nothing for mobility which is the main issue with Standing/Walking. I can walk 50mtrs, but i definitely cannot walk 50 mtrs repeatedly within a reasonable time..
There are some glaring inaccuracies at best, blatant lies at worst. In the basic report i received from the decision maker. where the HCP stated i could rise without issue from my
chair without difficulty! No surprise there as i use riser/recliner and used the controls to raise myself. The decision maker informed me i had been found fit for work, and to apply for JSA!
Not getting any deeper into things at present, what i really need to know is best course of action. I have yet again requested a MR (using the template on this fine site) both by recorded letter. and verbally.requested reports from my GP (happy to do so, )
Today i have received my P45 from the DWP. Do i have to claim JSA as i think this is totally inhumane and would result in extreme pain on my part just trying to get to the nearest job centre plus (60 mile round trip.via public transport.
Or am i best to continue with my fight to get Contribution based ESA reinstated. my GP states i have her, and likely my Consultant's full backing.
Thanks in advance for any assistance
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- Gordon
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6 years 1 month ago #229099 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support group. shockingly found fit for work!
Car
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Dealing with practical issues first.
You are not entitled to any ESA payments during the MR stage of the process, so if you need the money then you will have to claim Universal Credit, JSA is no longer available unless you can show that you are entitled to the Severe Disability Premium even if it was not actually paid.
You need to make sure that you properly understand the legally defined Descriptors, for example;
-ESA is not a walking test, it is a Mobility test! In addition to your walking, it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted unless you can also show that you cannot self-propel the wheelchair you will still not score points.
- The Standing and Sitting Descriptor looks at your ability to remain at a workstation, standing and/or sitting, it is the time before you have to move away from the workstations that is considered.
See our ESA Claim guides on the following
www.benefitsandwork.co.uk/help-for-claimants/esa1
For your MR have a look at our guides for this, also in the ESA section.
If you have any specific questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Dealing with practical issues first.
You are not entitled to any ESA payments during the MR stage of the process, so if you need the money then you will have to claim Universal Credit, JSA is no longer available unless you can show that you are entitled to the Severe Disability Premium even if it was not actually paid.
You need to make sure that you properly understand the legally defined Descriptors, for example;
-ESA is not a walking test, it is a Mobility test! In addition to your walking, it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted unless you can also show that you cannot self-propel the wheelchair you will still not score points.
- The Standing and Sitting Descriptor looks at your ability to remain at a workstation, standing and/or sitting, it is the time before you have to move away from the workstations that is considered.
See our ESA Claim guides on the following
www.benefitsandwork.co.uk/help-for-claimants/esa1
For your MR have a look at our guides for this, also in the ESA section.
If you have any specific questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Car147
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- Car147
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6 years 1 month ago #229118 by Car147
Replied by Car147 on topic ESA Support group. shockingly found fit for work!
Thanks Gordon , i doubt very much whether i can propel a wheel chair as both my index finger and middle fingers of my right hand were badly crushed over a decade ago. plates and pins still remain. Awaiting reports from my GP before forwarding them onto the DWP.
Also surely with spinal issues ( Stenosis) Grade 1 instability L4 over L5 and Degenerative disc disease (Osteoarthritis) they can see from the available info from previous assessments that it would be unlikely i could propel a wheel chair 200 mtrs as they seem to quote.
Thanks for the help
Also surely with spinal issues ( Stenosis) Grade 1 instability L4 over L5 and Degenerative disc disease (Osteoarthritis) they can see from the available info from previous assessments that it would be unlikely i could propel a wheel chair 200 mtrs as they seem to quote.
Thanks for the help
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- Gordon
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6 years 1 month ago #229132 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support group. shockingly found fit for work!
Car
Those who have assessed you lack imagination so I'm afraid you need to spell everything out, you can't assume that they will make the link between the injuries to your hand and your ability to self-propel a wheelchair.
Gordon
Those who have assessed you lack imagination so I'm afraid you need to spell everything out, you can't assume that they will make the link between the injuries to your hand and your ability to self-propel a wheelchair.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Car147
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6 years 1 month ago #229146 by Car147
Replied by Car147 on topic ESA Support group. shockingly found fit for work!
Thanks again Gordon, your help's appreciated.
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