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TOPIC: Health Assessment (my journey) :-(

Health Assessment (my journey) :-( 2 months 4 weeks ago #224855

Stressed

Your MR request needs to be with the DWP within one month of the date of the Decision, if it isn't then will be classed as Late and you will need to provide your reasons for this happening, waiting for the assessment report would be a good example of an acceptable reason.

The ESA test is about your mobility, this includes your using a wheelchair in addition to your walking so it actually denies you points rather than scoring them.

Go back to basics and look at what you have included in your ESA50 and whether you have explained your limitations in sufficient detail to meet the ESA criteria. Things to look at are whether you have used the terminology used in the Descriptors? Many of the ESA Descriptors have multiple criteria, did you show that you met all of them? If your conditions are variable did you talk about how you are for the majority of the time?

For the report, try and keep to issues that lead to your scoring points, if you do comment on the assessor's opinions try and undermine them by reference to your evidence.

Gordon
The following user(s) said Thank You: Stressed

Health Assessment (my journey) :-( 2 months 4 weeks ago #224916

Gordon wrote: Stressed

Your MR request needs to be with the DWP within one month of the date of the Decision, if it isn't then will be classed as Late and you will need to provide your reasons for this happening, waiting for the assessment report would be a good example of an acceptable reason.

The ESA test is about your mobility, this includes your using a wheelchair in addition to your walking so it actually denies you points rather than scoring them.

Go back to basics and look at what you have included in your ESA50 and whether you have explained your limitations in sufficient detail to meet the ESA criteria. Things to look at are whether you have used the terminology used in the Descriptors? Many of the ESA Descriptors have multiple criteria, did you show that you met all of them? If your conditions are variable did you talk about how you are for the majority of the time?

For the report, try and keep to issues that lead to your scoring points, if you do comment on the assessor's opinions try and undermine them by reference to your evidence.

Gordon





Hi Gordon

They said that the report would be sent out today second class so it should arrive in time.

Oh I see, so they would look at it as though I have two methods of mobility in a sense.

Having said that she is completely wrong as there would be no way what so ever that I would be able to push myself along in a wheel chair.

I have looked at my ESA50 and I seem to have mentioned everything, although I may not have used the correct terminology as I wasn't a member of this brilliant forum (I didn't know about it) when I sent off the questionnaire.

I’ve had a look again at the physical_wca pdf and I’m sure I should have scored point on the walking alone as I’m unable to walk any real distance without being in pain, or my asthma playing up, I use two crutches but I can’t swing through them, they just help me lean on a foot at a time. I’m unable to do any kind of shopping or cooking for myself, I live on the ground floor with no steps and even need help washing myself.

On my assessment date the assessor even saw the cuts and bruises I had from just trying to get around.

I can’t sit for too long as I’m always in pain so I don’t know how she could think I would be able to sit in a wheelchair and then push myself along.

My partner is really like my full time carer.

All of this has been put in the questionnaire and I added a note with it that the assessor had on the day.

I also added a letter I had from a spine surgeon stating that I had a CT scan (when you go into a tunnel) and what they found, also that he did not want to operate as it would risk me being paralyzed.

I really can’t understand how I could possibly get 0 points?

Is it a case that if you don’t score enough points on a lot of other things that they just mark it as 0 points?

I could send you the copy of my completed ESA50 and the letters I sent in through PM?

Again thanks for all your help with this and again sorry for the long post but my mind is all over the place :(

Health Assessment (my journey) :-( 2 months 3 weeks ago #224948

I know my last post still hasn't been posted yet because of the weekend but i feel i need to post this follow up.

I have started a claim (joint for myself and my partner) but i really wish i had waited and thought about it over the weekend as i now regret it.

My side of the application for UC is complete and i have an appointment next week but there was system issues with my partners side (id verification) so she needs to book an appointment just to have her id checked then she will be able to book her first appointment.


I'm hoping that because of this, that until she verifies her ID then the application hasn't gone through and ill be able to cancel it and just wait and go ahead with the MR.


Do you think this will be the case?

Health Assessment (my journey) :-( 2 months 3 weeks ago #224964

Stressed

If you are unable to use a wheelchair then you need to explain in detail why you cannot as the assumption will be that you can.

Your ability to sit is also one of the ESA tests, so if that is going to be one of your arguments for being unable to use a wheelchair then you should review what you have said on the form for this activity.

Although you may have been asked about these at the assessment, your ability to shop or to cook are not considered for ESA, so it's worth mentioning that you cannot do them but I would not spend any time going into detail as to why.

Either you meet the criteria to score points or you do not, you need 15 points to be placed in the WRAG. The most likely reasons that you have not scored is because you have not understood the criteria you need to meet,

Gordon
The following user(s) said Thank You: Stressed

Health Assessment (my journey) :-( 2 months 3 weeks ago #224967

Stressed wrote: I know my last post still hasn't been posted yet because of the weekend but i feel i need to post this follow up.

I have started a claim (joint for myself and my partner) but i really wish i had waited and thought about it over the weekend as i now regret it.

My side of the application for UC is complete and i have an appointment next week but there was system issues with my partners side (id verification) so she needs to book an appointment just to have her id checked then she will be able to book her first appointment.


I'm hoping that because of this, that until she verifies her ID then the application hasn't gone through and ill be able to cancel it and just wait and go ahead with the MR.


Do you think this will be the case?


I'm afraid not, if you have an appointment then your claim has been accepted, your partner being asked to provide ID does not stop this.

Whilst your MR being successful will mean that award is applied to your UC claim as well, in the interim UC will not recognise the process as you are challenging an ESA Decision so you will be expected to look for work, you can present a Fit Note but as far as I am aware this will only excuse you for four weeks.

You can ask to be assessed for Limited Capability for Work, the UC equivalent of the WRAG but they may refuse unless you can show a deterioration in your conditions or a new condition that would reasonably lead to an award.

Even if they allow it, you will need to sort out your claim as the criteria is the same as ESA and you don't want a second zero point Decision.

Gordon
The following user(s) said Thank You: Stressed

Health Assessment (my journey) :-( 2 months 3 weeks ago #224975

Thanks again Gordon


I have managed o cancel my UC application and i recorded the phone call to make sure the person was heard saying that it will not affect me going back on ESA.


Ive just received my report and i cant believe what the assessor has written.

1. she says that i managed to sit on a couch throughout the assessment.

There was no couch, i actually propped myself up against the corner (it was too high for me to sit on) of an high examination bed that was in the corner of the room.

2. she says i refused most of the physical examinations.

This again was false as she didn't ask me to do any of the examinations listed (maybe because she could see that i couldn't do the ones she did ask very well).

She ask me to hand her my crutches at one point so she could check my arm movements but this wasn't possible as i need to have at least one crutch for balance.

So she took one crutch at a time while she checked my arm movements (i could perform them very well due to pain).


3. she says i was carrying a light bag with me.

Now this looks bad but it was a thin plastic bag with a few strips of tablets in it and was wrapped around one of my crutches.

She then walked across the room to take them from me during the assessment.


4. she states that i walked across from the waiting room to the examination room that was 20m without being in pain (although she did say i need to walk very slowly with the use of my crutches).

this again was false as i had to keep stopping, I even apologised to her and she told me not to worry as she has all day.


5. she says that i can bathe myself without any help as i use the shower over the bath.

This again was wrong as i said i need help as I'm unable to balance myself and i would be in to much pain to reach all over my body.


6. She said i managed to wait for her in the waiting room.

in actual fact one of the clerks there let me go in a side room in the hope the seats would be better but had to just prop myself on the hack support of a chair.


This is just a few of the things in the report that she has said that are wrong.


I really don't know what to do about this as it would be my word against hers in a MR.
Moderators: GordonIzzy1010