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help with filling out ESA50 form
- joachimk
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5 years 9 months ago #234443 by joachimk
Replied by joachimk on topic help with filling out ESA50 form
question 2 on standing and sitting and question 3 on reaching do i tick it varies as when i get gout attacks in my hands and arms i am unable to use my hands when i have gout attacks in those joints sometimes my elbow or knuckle joints thank you
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5 years 9 months ago #234446 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic help with filling out ESA50 form
Hi Joachimk
One of the questions I would ask is, since your last tribunal has your condition changed, if it has got worse or stayed the same then I would send in a copy of your previous tribunal decision and explain if your decision has deteriorated. If your condition has not changed, then say so.
You need to answer frequency of attacks of gout, ie how long do the attacks last, if the attack is for months on end then I would not tick 'it varies', remember there are no grey areas, everything is black or white, if you cannot do anything for the majority of the time write it in the box provided why you cannot or where there is space available on the form.
Gary
One of the questions I would ask is, since your last tribunal has your condition changed, if it has got worse or stayed the same then I would send in a copy of your previous tribunal decision and explain if your decision has deteriorated. If your condition has not changed, then say so.
You need to answer frequency of attacks of gout, ie how long do the attacks last, if the attack is for months on end then I would not tick 'it varies', remember there are no grey areas, everything is black or white, if you cannot do anything for the majority of the time write it in the box provided why you cannot or where there is space available on the form.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 9 months ago #234461 by joachimk
Replied by joachimk on topic help with filling out ESA50 form
Thanks for your reply Gary
In 2017 i complained about my assessment to Maximus On the second stage of my complaint i got an apology from the manager, and a £300 consolotory payment, for their assessment lacking detail in many areas, and having omissions. A copy of the apology letter was sent to the DWP before my tribunal date, but still i had to go to tribunal and was awarded 15 points for question 1 mobility, and 9 points for question 2 standing and sitting. The funny thing was that a PO rrom the DWP turned up at my tribunal hearing for ESA which is unusual. Since the results of a Kidney Biopsy in late 2017, i had been diagnosed now with CKD stage 3, and now on all my Rheumatologist letters also, they put on the heading of the letter 'Chronic Gout'. My Gout attacks are more frequent and more severe since the tribunal hearing in 2017, due to my kidneys losing function, is that the way that would be best to explain it in my form, and should i not tick that it varies due to my conditions becoming Chronic?
Should i enclose a letter from my tribunal award in september 2017, along with copy of letters from the rhematologist which state diagnosis as Chronic Gout, and other diagnosis as Chronic kidney disease stage 3?
Thank you
In 2017 i complained about my assessment to Maximus On the second stage of my complaint i got an apology from the manager, and a £300 consolotory payment, for their assessment lacking detail in many areas, and having omissions. A copy of the apology letter was sent to the DWP before my tribunal date, but still i had to go to tribunal and was awarded 15 points for question 1 mobility, and 9 points for question 2 standing and sitting. The funny thing was that a PO rrom the DWP turned up at my tribunal hearing for ESA which is unusual. Since the results of a Kidney Biopsy in late 2017, i had been diagnosed now with CKD stage 3, and now on all my Rheumatologist letters also, they put on the heading of the letter 'Chronic Gout'. My Gout attacks are more frequent and more severe since the tribunal hearing in 2017, due to my kidneys losing function, is that the way that would be best to explain it in my form, and should i not tick that it varies due to my conditions becoming Chronic?
Should i enclose a letter from my tribunal award in september 2017, along with copy of letters from the rhematologist which state diagnosis as Chronic Gout, and other diagnosis as Chronic kidney disease stage 3?
Thank you
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5 years 9 months ago - 5 years 9 months ago #234497 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic help with filling out ESA50 form
Hi Joachimk
Yes, I would enclose a copy of all your supporting documents, including previous tribunal award, and I would also inform that your condition has deteriorated since your last assessment.
DWP PO's have become more common at tribunals.
Gary
Yes, I would enclose a copy of all your supporting documents, including previous tribunal award, and I would also inform that your condition has deteriorated since your last assessment.
DWP PO's have become more common at tribunals.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 9 months ago by Gary.
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5 years 9 months ago #234546 by joachimk
Replied by joachimk on topic help with filling out ESA50 form
Hi Gary sorry to bother you again but i have a question about q 1 moving around and using steps as i sending on with my esa 50 Tribunal result from Sep. 2017 where i was awarded 15 points on that descriptor As I am on DLA high rate mobility would that be looked at when it comes to me having to switch over to PIP if i tick the 50 meter box or would that only be look at with people who are already on PIP Thank You
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5 years 9 months ago #234568 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help with filling out ESA50 form
joachimk
Whilst it is not defined in the legislation the generally accepted walking distance for DLA is 50m so there is some equivalence with the ESA test, if you are unhappy ticking the 50m box due to possible implications for PIP then mark it "see below" and provide an answer in the comments box or attached pages.
Gordon
Whilst it is not defined in the legislation the generally accepted walking distance for DLA is 50m so there is some equivalence with the ESA test, if you are unhappy ticking the 50m box due to possible implications for PIP then mark it "see below" and provide an answer in the comments box or attached pages.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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