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Advice on ESA Tribunal
- davbam
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12 years 3 weeks ago - 12 years 3 weeks ago #102328 by davbam
Advice on ESA Tribunal was created by davbam
I have two questions that may help with my wife’s imminent ESA appeal tribunal, which is being held to try and have her moved to the support group.
The first one is, can you be placed in the work related group if you have a full time carer and is there any guidance on this? The DWP have admitted that they accept that my wife has a significant level of disability, due to multiple problems, and have noted in the medical review that she has a full time carer.
The second question is that the DM stated that they felt that my wife should expect to deal with some pain, but a report from a pain consultant stated that my wife suffered from ‘chronic debilitating back pain’. Chronic is defined as continuous, long-term pain of more than 12 weeks, or after the time that healing would have been thought to have occurred in pain after trauma or surgery, and debilitating is defined as something that seriously affects someone’s strength or ability to carry on with regular activities.
My 2nd question is therefore, what do the DWP define as ‘significant discomfort’? I would have thought that chronic debilitating pain was at least equal to significant discomfort.
Many thanks as always for any help.
The first one is, can you be placed in the work related group if you have a full time carer and is there any guidance on this? The DWP have admitted that they accept that my wife has a significant level of disability, due to multiple problems, and have noted in the medical review that she has a full time carer.
The second question is that the DM stated that they felt that my wife should expect to deal with some pain, but a report from a pain consultant stated that my wife suffered from ‘chronic debilitating back pain’. Chronic is defined as continuous, long-term pain of more than 12 weeks, or after the time that healing would have been thought to have occurred in pain after trauma or surgery, and debilitating is defined as something that seriously affects someone’s strength or ability to carry on with regular activities.
My 2nd question is therefore, what do the DWP define as ‘significant discomfort’? I would have thought that chronic debilitating pain was at least equal to significant discomfort.
Many thanks as always for any help.
Last edit: 12 years 3 weeks ago by slugsta.
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- slugsta
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12 years 3 weeks ago #102330 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Advice on ESA Tribunal
Hi boo,
To the best of my knowledge there is no guidance relating to people who require a full-time carer. I suspect that the DWP would contest that people with significant disabilities sometimes work with a carer in attendance.
Nor is there any definition of 'severe discomfort' other than that it is less than 'severe pain'. This will be for you to argue at tribunal.
Sorry that I cannot be of more help
To the best of my knowledge there is no guidance relating to people who require a full-time carer. I suspect that the DWP would contest that people with significant disabilities sometimes work with a carer in attendance.
Nor is there any definition of 'severe discomfort' other than that it is less than 'severe pain'. This will be for you to argue at tribunal.
Sorry that I cannot be of more help
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- Gordon
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12 years 3 weeks ago #102333 by Gordon
Having a full time carer has no relevance in regard to which group is placed in, the Decision will be based on which descriptors the claimant meets.
There is no definition of what constitutes significant discomfort , although there is an Upper Tribunal case that states that it is less than significant pain, but does not go on to define this new term.
The definition of chronic debilitating pain you have in your post could be relevant, however, it cannot be considered in isolation, it must be referenced to the ESA descriptors, so for example; if this restricts your wife's ability to walk, then it is relevant.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on ESA Tribunal
boo wrote: I have two questions that may help with my wife’s imminent ESA appeal tribunal, which is being held to try and have her moved to the support group.
The first one is, can you be placed in the work related group if you have a full time carer and is there any guidance on this? The DWP have admitted that they accept that my wife has a significant level of disability, due to multiple problems, and have noted in the medical review that she has a full time carer.
The second question is that the DM stated that they felt that my wife should expect to deal with some pain, but a report from a pain consultant stated that my wife suffered from ‘chronic debilitating back pain’. Chronic is defined as continuous, long-term pain of more than 12 weeks, or after the time that healing would have been thought to have occurred in pain after trauma or surgery, and debilitating is defined as something that seriously affects someone’s strength or ability to carry on with regular activities.
My 2nd question is therefore, what do the DWP define as ‘significant discomfort’? I would have thought that chronic debilitating pain was at least equal to significant discomfort.
Many thanks as always for any help.
Having a full time carer has no relevance in regard to which group is placed in, the Decision will be based on which descriptors the claimant meets.
There is no definition of what constitutes significant discomfort , although there is an Upper Tribunal case that states that it is less than significant pain, but does not go on to define this new term.
The definition of chronic debilitating pain you have in your post could be relevant, however, it cannot be considered in isolation, it must be referenced to the ESA descriptors, so for example; if this restricts your wife's ability to walk, then it is relevant.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- davbam
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12 years 3 weeks ago #102334 by davbam
Replied by davbam on topic Advice on ESA Tribunal
Okay many thanks for replying. The comment on significant pain may be of some use so thanks for that which I can use as a comparison. It's all a play on words at the end of the day and hopefully in future we will be able to persuade pain consultants to begin using the DWP terminology and not what they might deem to be correct. I know pain consultants often use the words Chronic and debilitating, rather than the words the DWP are looking for.
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- davbam
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12 years 3 weeks ago #102339 by davbam
Replied by davbam on topic Advice on ESA Tribunal
Thanks Gordon. Yes it does and she stated on her form that she cannot walk any distance unaided or self propel a wheelchair for a variety of reasons including Chronic and debilitating pain due to her condition, but they chose to ignore it as usual. This was backed up by an opinion from her pain consultant who stated that that ‘she will have developed very significant musculoskeletal de-conditioning, following prolonged use of a wheelchair’ and suffered from Chronic and debilitating pain. I guess we will have to hope that the tribunal members will be more open to these statements.
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- bro58
12 years 3 weeks ago - 12 years 3 weeks ago #102340 by bro58
Hi b,
You may also find the Decision Makers Guide on LCW and LCWRA helpful :
DM Guide LCW & LCWRA
bro58
Replied by bro58 on topic Advice on ESA Tribunal
boo wrote: Okay many thanks for replying. The comment on significant pain may be of some use so thanks for that which I can use as a comparison. It's all a play on words at the end of the day and hopefully in future we will be able to persuade pain consultants to begin using the DWP terminology and not what they might deem to be correct. I know pain consultants often use the words Chronic and debilitating, rather than the words the DWP are looking for.
Hi b,
You may also find the Decision Makers Guide on LCW and LCWRA helpful :
DM Guide LCW & LCWRA
bro58
Last edit: 12 years 3 weeks ago by bro58.
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