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wca
- LINDAT2626
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- LINDAT2626
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- slugsta
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Welcome to Benefits and Work
Once the Tribunal Service have accepted your appeal, DWP will not contact you again directly anyway.
If you do not want the ts to contact you by phone it is fine to tell them this. Don't put your phone number on any paperwork to ts either.
Have a good look at our guide for the benefit in question so that you fully understand the criteria against which you are being assessed.
You might also find this helpful
Appeal FAQs
May I suggest that you favourite/bookmark this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your claim without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it makes things easier for us - and I hope you will find it usefull too
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- Gordon
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Linda T wrote: In the WCA the HCP did not do a lot of the things he says he did example being pulse or examining hands wrists leg movement and many more he also lied regarding some of the information we gave him. the reconsideration did not take any notice of this at all and sided with him, Also it was 9 months from filling out the questionnaire and my husband had deteriorated during this time which he was advised of and said he would note but didn`t. there were 2 of us there but still no joy even though I wrote a separate letter detailing what was said. Should this go in the appeal as well or just the descriptor parts? One of the grounds of appeal is that he cannot walk more than 50 meters without being in severe pain. The other is he is incontinent (severely I wont go into detail) I know what that falls under but should it be in the exceptional reasons as well, I can only say when it happens it cannot be contained in pads.It also requires changes of clothes due to his severe arthritis in his hands and knees.Not sure just how much info is acceptable. or photos?
I have merged your posts, we ask members to keep all of their posts in one topic so that they and the Mods have easy access to all of the content.
Whilst it is important to deal with any issues raised in the assessment report, doing so will not in itself result in an award, you should also try to stick to issues of fact rather than trying to challenge the assessors opinions.
Be aware ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
Also, the Continence Descriptors have multiple criteria, you must treat these as they are written as there is little opportunity for interpretation and you must show that he meets all of these elements to score points.
Gordon
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- LINDAT2626
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- Gordon
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If you haven't explained why he would be unable to self-propel a manual wheelchair then you need to do so, as the assumption, without evidence to the contrary, will be that he can.
As to the Incontinence issues; you need to break down the Descriptors into their individual elements and show that he meets each one.
Have a look at the ESA Claim guides for more information on both these activities.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
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