Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: Had Esa stopped ,Mandatory Reconsideration advice

Had Esa stopped ,Mandatory Reconsideration advice 3 months 1 day ago #167504

Morning

Moving around

I received 0 points i believe i should of received 6 points for my inability to walk more than 200 metres in a reasonable time . HCP has written that i can walk to Asda, this shop is 170 metres from my front door, i have stopping/rest points on the way. I cross the road at traffic lights that i use as my first resting point, leaning on the traffic light post takes the weight off my right leg, once across road (dual carriageway) i stop at a raised grassed area that is the perfect waist height for leaning on, i then cross another smaller side road were there is a bus stop with a bench seating area in. I then walk the last 40 metres into the shop were there is a seating area by the tills, i usually sit here for a few minutes on arriving in shop and before leaving .When i walk i lean to the left and feel the centre of my spine becomes painful and feels like it is pushing out, the pain suddenly shoots across my hip and down my right leg. Stopping at regular intervals takes away the pressure and helps relieve the pain but as i start walking again the pain just builds up again. If i dont stop tha pins and needles intensify in my hip,leg and centre of my back and i get a strange "fuzzy" feeling in my right foot. I have a weakness in my right leg that causes it to give way and i stumble. I have a cold feeling in my right side back,hip,leg,arm and hand, this is aggravated by walking. I will only buy bread/biscuits or anything very light and easy to carry, more substantial shopping is done by my husband/daughter or online. If i am accommpanied by my husband i will push the trolley with him pulling and guiding it . On the advice of my Consultant i try to keep as mobile as possible and try to do this walk every other day, but some days i just can not do it , it takes between 15-20 minutes to walk the 170 metres.

Any advice on this submission gratefully accepted
Thanks
The administrator has disabled public write access.

Had Esa stopped ,Mandatory Reconsideration advice 2 months 4 weeks ago #167567

  • Gordon
  • OFFLINE
  • Forum Moderator
Dpn

I think there are several issues including a major one.

First, you say it is 170m to the store, but you ignore the return journey, I think it likely that the DM will assume your are walking 340m (2 x 170m) and they may also find it unlikely that you walk to the store and then do no shopping in it, adding to the distance walked.

However, 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.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Had Esa stopped ,Mandatory Reconsideration advice 2 months 4 weeks ago #167607

Hi Gordon
How long between each journey before it is classed as 2 journeys , wheelchair is impossible due to scoliosis, weakness in arms and back, will include this in revised submission
Thanks
The administrator has disabled public write access.

Had Esa stopped ,Mandatory Reconsideration advice 2 months 4 weeks ago #167618

  • Gordon
  • OFFLINE
  • Forum Moderator
Dpn wrote:
Hi Gordon
How long between each journey before it is classed as 2 journeys , wheelchair is impossible due to scoliosis, weakness in arms and back, will include this in revised submission
Thanks

There's no specified time, you will need to argue your circumstances.

DM's are much more focussed on the distance than issues such as repeatability or whether your walking is of a reasonable standard e.g. speed or waiting periods, so your arguments will need to be detailed and you should try and remove the need for the DM to think too much about what you have written so include information about total times and actual walking speed (total distance / total time), just make sure your calculations are correct. Although not specifically relevant there is a document in the DLA section that covers making a credible argument for the DLA virtually unable to walk test.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Had Esa stopped ,Mandatory Reconsideration advice 2 months 4 weeks ago #167634

Hello Gordon
Am i right to go into all this detail about my problems in order to go to appeal, things like can i lift a hand above my head, i can do it once or twice after that i get back, neck , arm pain. I can not do it repeatedly without consequences. I am hoping for a doctor to be more understanding of my problems than a questionaire off a woman who wasnt interested in my problems , she just wanted a yes/no answer to questions. Do they refuse to let people go to appeal ?
Getting thoroughly depressed with this but i suppose that is the intention to make people give up their claim
Thanks
The administrator has disabled public write access.

Had Esa stopped ,Mandatory Reconsideration advice 2 months 4 weeks ago #167654

  • Gordon
  • OFFLINE
  • Forum Moderator
Dpn wrote:
Hello Gordon
Am i right to go into all this detail about my problems in order to go to appeal, things like can i lift a hand above my head, i can do it once or twice after that i get back, neck , arm pain. I can not do it repeatedly without consequences. I am hoping for a doctor to be more understanding of my problems than a questionaire off a woman who wasnt interested in my problems , she just wanted a yes/no answer to questions. Do they refuse to let people go to appeal ?
Getting thoroughly depressed with this but i suppose that is the intention to make people give up their claim
Thanks

The ESA Descriptors are very specific and defined in law, you need to show that you meet them to score points, the more detailed your explanation of why you meet the criteria, the more likely you are to score the points.

Providing you have followed the appeal process then the DWP cannot prevent a hearing.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 0.267 seconds