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TOPIC: Had Esa stopped ,Mandatory Reconsideration advice

Had Esa stopped ,Mandatory Reconsideration advice 3 months 1 week ago #166691

Yes, get 'fitnotes', ideally dating from the day after the claim was closed, and DWP can start paying you again once they have been informed, by the Tribunal Service, that the appeal has been accepted. You will probably have to ask them to do this, then they will pay assessment rate from the day your fitnote starts (unless this would take you over the 365 days allowed not in Support Group and you are not entitled to income-related ESA).
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 3 months 1 week ago by Mrs Hurtyback.
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 5 days ago #167287

My appeal

Standing and sitting
I scored 6 points i believe i should of recieved 9 points, I struggle to sit or stand at a work station for more than 30 minutes. I struggle to remain in one place for 20 minutes before needing to move away in order to avoid significant discomfort. At my assessment, although i was in the room for 55minutes i repeatedly stood up/sat down, walked about room, stretched out my right leg, lean heavily to my left and cradled my right arm, all to change my posture( this was noted by HCP in report).When sitting for more than a few minutes the pins and needles i always have become more intense in my hip, arm and leg. The impact of sitting for longer than 20 minutes is severe back/neck pain. After my assessment i was greatly restricted in my movement for the rest of the day and the following days as well. I spent the next day in bed supported by a combination of pillows and cushions in great pain. I could not of repeated the assessment the next day. My mobility was impaired and the problems i encounter walking were greatly increased. During my assessment the HCP took the decision to stop my examination due to my obvious discomfort and being in pain, she did not assess my right leg and noted i was unable to sit on the couch with my legs extended ( in report).

Advice on What do you think of this please.
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 6 days ago #167304

  • Gordon
  • OFFLINE
  • Forum Moderator
Dpn

Remember that the clock does not stop until you move away from the "workstation", it does not matter how many times you move from seated to standing an vice versa, so you need to concentrate on what would cause you to move away, the descriptor refers to "significant discomfort" or "significant exhaustion", you can also use the term "significant pain" which is accepted as being more severe than significant discomfort.

You can certainly refer to the problems you had the following days, but again you must tie it to the need to move away although you should be able to link it back to your problems with sitting if they reduce the time before you need to.

You don't mention your problems with standing, you will need to do this.

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 3 months 5 days ago #167363

My appeal amended

Standing and sitting
I scored 6 points i believe i should of received 9 points, Because i can not sit or stand at a work station for more than 30 minutes.
I struggle to remain in one place for 20 minutes before needing to move away in order to avoid significant discomfort. At my assessment, i managed to remain seated for approximately 20 minutes before i had to stand up and walk away from my chair and walk to the bed at the back of the room because i was in significant pain in my lower back, the pain in my hip and the pins and needles i suffer in that area had increased and moved to my leg and I also had cramp in my foot. Although i was in the room for 55minutes i repeatedly stood up/sat down, stretched out my right leg, lean heavily to my left and cradled my right arm, all to change my posture ( this was noted by HCP in report).When sitting for more than a few minutes the pins and needles i always have become more intense in my hip, arm and leg. The impact of sitting for longer than 20 minutes is severe back/neck pain. When I stand i have to shift my weight onto my left leg for approximately 30 seconds before putting weight back onto both legs for a similar length of time, i constantly shuffle from my left leg on its own to both my legs . If i dont do this constantly pain in my hip and pins and needles become severe. Because of my posture if i stand still for more than a minute the impact on the bottom and middle of spine is extremely painful..At my assessment i stayed still for too long without standing and walking around to try and get the assessment over with quicker, this i soon regretted as i was greatly restricted in my movement for the rest of the day and the following days as well. I spent the next day in bed supported by a combination of pillows and cushions in great pain. I could not of repeated the assessment the next day. My mobility was impaired and the problems i encounter walking were greatly increased. During my assessment the HCP took the decision to stop my examination due to my obvious discomfort and being in pain, she did not assess my right leg and noted i was unable to sit on the couch with my legs extended ( in report).

Advice on What do you think of this please.
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 5 days ago #167384

  • Gordon
  • OFFLINE
  • Forum Moderator
Spn

Are you happy with it? Do you think you understand the requirements of the Descriptor? Do you feel you have shown that you meet them?

If you do then submit it :)

My views are of little consequence as the only view of your problems I have is what you post in the forum, only you now how you are really affected and therefore what you need to explain.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 4 days ago #167427

Thanks for your pointers Gordon i am happy with this. I an now writing the walking part .
Thanks again
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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