- Posts: 9
× Members
Here we go again - another ESA50!!
- norfolk and time
- Topic Author
- Offline
Less More
10 years 8 months ago - 10 years 8 months ago #110283 by norfolk and time
Here we go again - another ESA50!! was created by norfolk and time
Following submission of her ESA50 in October 2012, which was completed using the excellent guides and advice on this superb site, my good lady was transferred from IB to ESA Support Group in December 2012.
As you can imagine she was delighted but some 8 months on another brown envelope with the new ESA50 has arrived; so here we go again!!
The ESA85A for the December 2012 award stated:
Advice: I advise that the client meets support group criteria as they have severe functional disability.
Prognosis: I advise that work could be considered within 12 months.
Justification of Advice: The available evidence from the ESA50, Med 3, 113 and previous advice has been used to give advice in this case.
The Med 3, 113 and ESA50 suggests the client cannot mobilise 50 metres repeatedly, within a reasonable timescale and unaided by another person, because of significant exhaustion due to cervical and lumbar spondylosis. This suggests the client has limited capability for work related activity.
The available evidence suggests review in the medium term.
I kept an electronic copy of October’s ESA50 and am currently completing the new electronic ESA50. Surprisingly, the two documents are ‘compatible’ in as much as you can cut and paste from one to the other, then edit accordingly.
This is making completion of the new ESA50 much quicker and we are reasonably confident of her award continuing as her various conditions have worsened, she has had further medical and hospital treatments in the last eight months which she can evidence and she now has copious Hospital notes regarding her medical history which had not arrived prior to October’s ESA50 submission.
But as sometime appears to be the case on here, you never know!!
So, apologies for the rather long winded introduction, but in addition to the excellent advice given in your 'new guides', I would ask if there is any further specific advice you would give in completing the new ESA50, any specific wording or phrases that should be used etc.
I am thinking of something akin to the advice in using a manual wheelchair you provided previously and which I suspect was used to good advantage in the October submission.
I thank you in anticipation.
Norfolk and Whey
As you can imagine she was delighted but some 8 months on another brown envelope with the new ESA50 has arrived; so here we go again!!
The ESA85A for the December 2012 award stated:
Advice: I advise that the client meets support group criteria as they have severe functional disability.
Prognosis: I advise that work could be considered within 12 months.
Justification of Advice: The available evidence from the ESA50, Med 3, 113 and previous advice has been used to give advice in this case.
The Med 3, 113 and ESA50 suggests the client cannot mobilise 50 metres repeatedly, within a reasonable timescale and unaided by another person, because of significant exhaustion due to cervical and lumbar spondylosis. This suggests the client has limited capability for work related activity.
The available evidence suggests review in the medium term.
I kept an electronic copy of October’s ESA50 and am currently completing the new electronic ESA50. Surprisingly, the two documents are ‘compatible’ in as much as you can cut and paste from one to the other, then edit accordingly.
This is making completion of the new ESA50 much quicker and we are reasonably confident of her award continuing as her various conditions have worsened, she has had further medical and hospital treatments in the last eight months which she can evidence and she now has copious Hospital notes regarding her medical history which had not arrived prior to October’s ESA50 submission.
But as sometime appears to be the case on here, you never know!!
So, apologies for the rather long winded introduction, but in addition to the excellent advice given in your 'new guides', I would ask if there is any further specific advice you would give in completing the new ESA50, any specific wording or phrases that should be used etc.
I am thinking of something akin to the advice in using a manual wheelchair you provided previously and which I suspect was used to good advantage in the October submission.
I thank you in anticipation.
Norfolk and Whey
Last edit: 10 years 8 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
10 years 8 months ago #110287 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Here we go again - another ESA50!!
N&W
I am afraid we cannot tell you what to include in your wife's ESA50, we can only explain how you can complete it.
The first thing to be aware of is that the ESA Descriptors and Regulations were updated in January, whilst this might not change how you complete this new form you should none the less review the latest ESA Claim guides to see if anything effects your wife's claim.
There is now more Case Law in the area of the of the "virtual" wheelchair, unfortunately, rather than clarifying the usage they have actually muddled it further, so my best advice is to show that your wife cannot physically propel a wheelchair if this is reasonable rather than relying on showing that it is not reasonable for her to use one.
Gordon
I am afraid we cannot tell you what to include in your wife's ESA50, we can only explain how you can complete it.
The first thing to be aware of is that the ESA Descriptors and Regulations were updated in January, whilst this might not change how you complete this new form you should none the less review the latest ESA Claim guides to see if anything effects your wife's claim.
There is now more Case Law in the area of the of the "virtual" wheelchair, unfortunately, rather than clarifying the usage they have actually muddled it further, so my best advice is to show that your wife cannot physically propel a wheelchair if this is reasonable rather than relying on showing that it is not reasonable for her to use one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
10 years 8 months ago #110289 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Here we go again - another ESA50!!
Hi N+W, I wish you luck with filling out your wife's forms!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- kontext
10 years 8 months ago - 10 years 8 months ago #110290 by kontext
Replied by kontext on topic Here we go again - another ESA50!!
exactly the same as me, its harassment
btw, Sue Marsh of Diary of a Benefit Scrounger' blog and other Spartacus members had a 45 minute meeting with Mark Hoban(DWP minister) yesterday in which amongst other things they discussed people getting repeat forms/medicals in very short time frames, summary above, not sure what to make of it, Sue got a lot of flak from DPAC etc, for not demanding WCA abolition.
diaryofabenefitscrounger.blogspot.co.uk/
btw, Sue Marsh of Diary of a Benefit Scrounger' blog and other Spartacus members had a 45 minute meeting with Mark Hoban(DWP minister) yesterday in which amongst other things they discussed people getting repeat forms/medicals in very short time frames, summary above, not sure what to make of it, Sue got a lot of flak from DPAC etc, for not demanding WCA abolition.
diaryofabenefitscrounger.blogspot.co.uk/
Last edit: 10 years 8 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- kontext
10 years 8 months ago - 10 years 8 months ago #110291 by kontext
Replied by kontext on topic Here we go again - another ESA50!!
''The ESA85A for the December 2012 award stated:''
btw, what is a ESA85A and how could I get one for my records/
tx
btw, what is a ESA85A and how could I get one for my records/
tx
Last edit: 10 years 8 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
10 years 8 months ago #110295 by Gordon
The ESA85A is produced when ATOS recommend an ESA claim on scrutiny i.e. no face to face assessment, if there is a f2f then it is an ESA85, you can request a copy from the DWP office that deals with your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Here we go again - another ESA50!!
kontext wrote: ''The ESA85A for the December 2012 award stated:''
btw, what is a ESA85A and how could I get one for my records/
tx
The ESA85A is produced when ATOS recommend an ESA claim on scrutiny i.e. no face to face assessment, if there is a f2f then it is an ESA85, you can request a copy from the DWP office that deals with your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris