ESA Medical Assessment

Kevin O'Connor wrote: Well,Its Much As I Feared. My Appeal Was Refused. They Awarded Me 9pts For The Mobility Descriptor,6 Short Of What I Needed.

They Were All Very Nice,But I Had A Bad Feeling Throughout The Whole Hearing. I Never Really Got To Raise Any Of The Issues I Wanted To.

They Asked Several Questions About My Walking And Breathlessness (My Ankylosing Spondylitis & Emphysema); A Couple Of Questions About My Irritable Bowel Syndrome And My Sleep Apneoa,And That Was It.

They Didnt Even Ask If I Had Anything Further To Say At The End,But I Insisted On Having My Say Anyway. In And Out In 20 Minutes. I Then Had To Wait 25 Minutes For The Decision.

They Also Put On The Refusal Form That They Had Considered Regulations 29 & 35 (Whatever They Are) But That They Did Not Apply. I'm Not Sure What Happens Now.

I Still Keep My JSA According To My Advisor,But Will This Affect It In Any Way? Does This Result Feed Back To The DLA/PIP?

My Advisor Said I Should Apply For ESA Again At The End Of February When 6 Months Have Passed Since My First Claim. I Intend To Do This.

I Had 3 Attempts Before I Was Awarded DLA, So Its Worth A Try.

One Question,If I Make A 2nd Claim For ESA,Will The Information I Put In My 1st Claim; The Fact That I Got Zero Points & My Failure To Get More Than 9 points In My Appeal Refusal Be Made Known To The People Assessing My 2nd Claim?

Hi K O'C,

I am sorry to hear that you lost your appeal.

If you got 9 points for "Mobilising" they have assessed you as coming under :

"(c) Cannot, unaided by another person, either:

(i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion."

From :

WRAG (LCW)Schedule 2 Descriptors

ESA Reg 29 is The Exceptional Circumstances Rule for entry to The WRAG :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

ESA Reg 35 is The Exceptional Circumstances Rule for entry to The SG :

ESA Reg 35 for entry to The SG (LCWRA)

As you were already classed as fit for work, it should not make any difference to your JSA.

DLA/PIP are in work benefits, so the fact that you are classed as fit for work should not have an adverse effect.

Yes, you can make a fresh claim for ESA once 6 months or more have elapsed since the time of the original adverse fit for work decision that you appealed.

As this will be a fresh claim for ESA, you will go through a totally fresh ESA WCA, ESA50, etc.

Therefore, how you are at the time of that new assessment only, should be taken into account, and how your limitations affect you then.

I don't know whether you used our ESA Guides last time, but if you didn't they may help with your claim, next time :

ESA Claims Guides

A claimant can actually make a fresh ESA Claim before the 6 months have elapsed, but they would have to provide medical evidence that their conditions have changed/deteriorated, or that they now suffer from new medical conditions.

You may still want to request The Written Statement of Reasons from The Tribunal to see whether they have erred in law in coming to their decision.

You would probably need professional advice with this.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Appealing to The Upper Tier, DR UK Factsheet

Even if you were allowed to appeal to The UTT, you would not receive any ESA whilst the appeal process was ongoing.

bro58

I am sorry to hear your bad news. As your advisor says there is no harm in applying again. Your form and medical will be processed by Atos who should not have access to your previous claim file. However the DWP might although it's not supposed to prejudice them.

I Applied over the phone for another form to apply for ESA. I was supposed to have it back for the 24th April.However,this time i had trouble getting help from the council welfare officer,and by the time i did,i missed the saturday post in time for the Form to arrive by the 24th. What i would like to know is,can i just apply for another form now,or do i have to wait 6 months from the 24th April?
Also,what exactly are the benefits to me of successfully qualifying for ESA? Do i still have to sign on? Will i get More Money? How long would ESA be awarded for,and how often would i have to reapply?
I thank you in advance for your time & expertise

I had an Atos assessment that gave me Zero points. I've been Disabled for over 30yrs. I have DLA at the higher rate for mobility & the middle rate for care. I appealed the decision at Birmingham and was awarded 9pts, 6 short of the 15 i needed. If you look back at my posts,Gordon,you will see all of this & how you've been very helpful in these matters. Since i missed the April the 24th deadline,is it okay to ask for another form as it has been more than 6 months since the original FFW ruling? Thanks