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WCA next week ,supporting evidence.

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12 years 9 months ago #90347 by Gareth56
Replied by Gareth56 on topic Re:WCA next week ,supporting evidence.
Crazydiamond wrote:

Although you may not be able to walk 50 metres, if you can manually propel a wheelchair more than 50 metres even if you do not use one, you will fail to satisfy the mobilising descriptor which may give you entry to the support group


Given that the wording on the ESA50 with respect to this descriptor states "if you ususally use one" or words to that effect (I don't have an ESA50 to hand at this moment in time) couldn't it be argued that what you are lead to believe on the ESA50 and what is actually the case is totally different and is misleading and thus cause for a complaint.

Or does that fact that the ESA50 lulls you into believing that you're being assessed on regularly using one item while you are actually assessed on something totally different i.e. an imaginary wheelchair is of no consequence?

Has any MP soptted this anomally and looked into it or am I seeing something that doesn't really matter as it's irrelevant what's on the ESA50 and what goes on at the WCA?

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12 years 9 months ago #90353 by Gordon
Replied by Gordon on topic Re:WCA next week ,supporting evidence.
Gareth

You raise an interesting point, although I have no idea how the issue could be resolved.

The ESA50 says

By moving we mean including the use of aids such as a manual wheelchair, crutches or a walking stick, if you usually use one, but without the help of another person.

As far as I am aware the ESA50 constitutes a legal document, you have to wonder if there is an argument that a claimant is being assessed to two different standards.

As an aside, the ME Association asked their members for comments on the content of the ESA50, with the intention of providing them to the DWP, however, I have not seen any final report on their findings.

Gordon

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12 years 9 months ago #90448 by rubydoo
Replied by rubydoo on topic Re:WCA next week ,supporting evidence.
i struggle to walk short distances, and i am unable to use such aids as a maual wheelchair, crutches or a stick. i have a problem with carpel tunnel syndrome, and affects both hands, using crutches or stick ,causes problems . i have paperwork to prove this , could this be used as evidence at my WCA.

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12 years 9 months ago #90451 by Gordon
Replied by Gordon on topic Re:WCA next week ,supporting evidence.
rubydoo wrote:

i struggle to walk short distances, and i am unable to use such aids as a maual wheelchair, crutches or a stick. i have a problem with carpel tunnel syndrome, and affects both hands, using crutches or stick ,causes problems . i have paperwork to prove this , could this be used as evidence at my WCA.

I don't see why not :)

Gordon

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12 years 9 months ago #90455 by cdcdi1911
Replied by cdcdi1911 on topic Re:WCA next week ,supporting evidence.
Gareth wrote:

Crazydiamond wrote:

Although you may not be able to walk 50 metres, if you can manually propel a wheelchair more than 50 metres even if you do not use one, you will fail to satisfy the mobilising descriptor which may give you entry to the support group


Given that the wording on the ESA50 with respect to this descriptor states "if you ususally use one" or words to that effect (I don't have an ESA50 to hand at this moment in time) couldn't it be argued that what you are lead to believe on the ESA50 and what is actually the case is totally different and is misleading and thus cause for a complaint.

Or does that fact that the ESA50 lulls you into believing that you're being assessed on regularly using one item while you are actually assessed on something totally different i.e. an imaginary wheelchair is of no consequence?

Has any MP soptted this anomally and looked into it or am I seeing something that doesn't really matter as it's irrelevant what's on the ESA50 and what goes on at the WCA?

There are many discrepancies between the ESA50 and the ESA Regs, and some of them have been picked up in upper tribunal decisions (for example, CE/2373/2009, coping with social situations).

So I would presume that you would have an argument on appeal if you are affected by such discrepancies, which has lead to the misinterpretation of your evidence.

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