ESA Refused (Again)

Gordon,

At the time of writing I might expect 6 or 9 points for Moving Around.

For several years my hearing has been very poor due to Eustachian Tube Dysfunction affecting both ears. This was declared and assessed at the MWA but has worsened greatly. My ears had surgery to insert grommets (which have now both fallen out) and allows Inner ear liquid to flow into the outer ear canal rendering my hearing aid(s) ineffective. On occasion almost totally obstructing verbal communication. This could allow for 15 points to be awarded in the "Understanding communication..." section. (Or at least 6 points at other times). I have no idea how long this condition will last, and it's effects are very variable due to it's nature.

My standing is very poor and if it wasn't for the fact? that the Standing and Sitting is combined into one. I'd easily be able to claim 9 points for problems with standing (not so much of a sitting issue).

I have received the full MWA report and there are a couple of points which will have to be corrected. However it does confirm, "Used two sticks to walk 25 metres to the examination room." rather than "normally" as in the decision maker's statement at the beginning of this forum post.

I am generally very happy with the MWA report. However I wasn't able to straight lift my left and right legs on the couch as stated (only a couple of inches both legs if that, with my boots on). I was able to arch my knees without difficulty though.

One thing of note is that with the mobility section it appears that, 'not stopping' is the default comment, unless the interviewee states otherwise. It appears that I omitted to state how often I stop on my journeys! Rather unfortunate as it gives a completely wrong impression. I will have to correct this for the Mandatory Reconsideration.

Larry

Hello Larry

My Mrs is in the same predicament basically as you.
She was awarded 6 points and told she can use a wheelchair to mobilise.She suffers from Cervical Spondylosis and has other rotator cuff and shoulder problems but the HP decided she could use a wheelchair.
We are awaiting her appeal.
Dont give up

Hello Gordy,

I requested and obtained a NHS wheelchair assessment at home via my GP. It might help your wife to get one too,

I won't be giving up. I've just completed my request for a Mandatory Reconsideration with additional information. Under the mobility question in the UC50 form I ticked 'it varies' box and assumed that meant variable stopping within 200 metres, and omitted details of the actual distances that I stopped within 200 metres. What a mistake. I have been awarded 0 points on that descriptor. (as well as all the others) Also I appears that I didn't mention these details at the WCA either. This has been corrected along with other things which should indicate that for the vast majority of the time i'm eligible for at least 15 points

If I understand it correctly the WCA 'snapshot' is not supposed to be used by the DWP effectively alone to make a decision i.e. over weighting that component with regard to the UC50 questionnaire. That may help you as well.

I am going to send the MR request to Freepost DWP Universal Credit Full Service which is the address on my decision letter; and copy the letter into my Universal Credit online journal. I hope that will be sufficient.

I wish you both good luck with the appeal.

Larry

Gordon,

The Mandatory Reconsideration has not gone in my favour and I'm now preparing an appeal to HMCTS. I've downloaded and read guidance from this website.

Some material errors and omissions which I corrected in my MR letter have been maintained in the decision body of the Mandatory Reconsideration Notice. I feel this cannot be left unchallenged.from the basic point of veracity but also because the corrections and new information may very well help a tribunal to issue an award. The decision maker stated, "Any other issues you may have raised in your request for a Mandatory Reconsideration would have no affect on the decision under reconsideration and therefore have not been addressed."

Tribunal time.....

Larry

Gordon,

I went to my HMCTS Appeal today and the result was in my favour:

1 The appeal is allowed.
2. The decision made by the Secretary of State on x.x.2018 is set aside.
3. Mr X has Limited Capability for Work
4. In applying the Work Capability Assessment 18 points were scored from the
activities and descriptors in Schedule 6 of the Universal Credit Regulations
2013...

Also: The Tribunal recommends that the Department does not reassess Mr. X within 24
months from today's date.

Larry