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TOPIC: WCA/ESA decision and the PhantomWheelchar

WCA/ESA decision and the PhantomWheelchar 2 months 1 week ago #168989

Guess what appeared in our post box today!

Yes the letter for wife to apply for PIP
so the whole worrying scenario starts again

One good point is that we have solid evidence for , from ESA award, to get a starter of 6 points for the Care component.

bill
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WCA/ESA decision and the PhantomWheelchar 2 months 1 week ago #168992

Just when you think it is safe . . . :(

It might be worth starting a new topic to deal with this - or, at least, changing the title of this one to avoid confusion!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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WCA/ESA decision and the PhantomWheelchar 1 month 2 weeks ago #170686

I had an assessment today for a Blue Badge.

The HCP
, A physiotherapist, also carries out assessments for wheelchair provision.

She told me that because they have had a large number of assessments for wheelchairs recently they now only assess and supply wheelchairs if they can/will be used in the home.

She went on to say a good proportion of theses assessments had been by persons who could not use a manual wheelchair and wanted this confirmed prior to a ESA WCA.
HCP did not know if this was a local directive from BOLTON NHS TRUST or a national directive.

Not sure how this helps because
]DMG Memo Volume 8/71 Employment and Support Allowance

www.communities-ni.gov.uk/sites/default/...sd/dmser-vol8-71.doc

activity 1 and use of manual wheelchair ... (The Upper Tribunal Judge panel considered existing case law including MG v Department for Social Development ... 1 PR v SSWP (ESA) [2014] UKUT 308 (AAC); 2 ESA Regs, Sch 2 & 3, Activity 1.

at para.11 of this document the Three Judge Panel state use at home is not important

but Availability is a factor that should be considered on the evidence.

So if you cant get a Manual wheelchair unless you use it at home (and of course physically capable of "mobilising" with it ) it would seem that it should not be a factor in deciding the Mobilise activity/ descriptor
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