Esa-N-50

Ex Pat wrote: Hi to you all,

have just been wading through my letter of submission, when i noticed that on their Scedule 3 descripters it says cannot mobilise more than 50meters, on my esa n 50 it refers to 200meters with no mention of lesser distances.

Would i be able to argue that they are using different set of parameters to assess my condition?

There are multiple levels to the test.

>200m - no points
100m - 200m - 6 points
50m - 100m - 9 points
<50m - 15 points + Support Group (Schedule 3)

Gordon

Ex Pat wrote: Thanks Gorden,

I understand that was on later editions, My Esa N 50 only refers to can you walk at least 200m ?

because my medical assesment was so messed up, is there anything in case law about what training assessors/Dr should have when performing DWP assesments???

It is a mistake that claimants often make, it is not what the ESA50 or ESA N 50 says, even though it is classed as a legal document in terms of the claimants reply, it is the legal definition of the ESA Descriptors that matters.

There are some references to assessor training in case law, but they are made in connection with assessments made in the UK, not abroad, so I do not know if they are relevant. They relate to an acceptance by default that the assessors are trained to the necessary degree to carry out an assessment, so you would need to know what instructions had been issued to the doctor who did your medical, it is not information that I have seen in the public domain.

Be careful of concentrating all your efforts on disproving the medical report, at best (or worst), if you are successful it will result in a new medical being required, and whatever happens, doing so will not win your claim, you need to go back over your own evidence to show that you meet the relevant criteria for ESA.

Gordon