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TOPIC: representative at tribunal

representative at tribunal 2 months 1 day ago #170040

hi I am going through the appeal process at the moment for my esa, do I need a representative with me? I have arthritis in my knees back and feet and have to wear an aircast boot on for life due to many ops, on strong painkillers that knock my out and my mobility is bad, i was medically dismissed fro my job of nearly 30 years but they are saying that if my mobility is bad i can get to work in a wheelchair even though i have upper shoulder problems, is it worth appealing as gettting very frustrated. thanks
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representative at tribunal 2 months 1 day ago #170067

  • Gordon
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Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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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.

So you need to show that you cannot use a wheelchair, this must be done explicitly, stating you have problems with your shoulders is not going to be sufficient.

I would start by having a look at our ESA Claim guides that explain the requirement in more detail and our ESA Appeal guide that explains the Mandatory Reconsideration process. The ESA section also has template letters that you can use to make the request.

An MR needs to be requested in writing within one month of the date of the Decision.

You should request a copy of the assessment report, phone the DWP office that dealt with your claim and ask for the ESA85 to be sent to you.

If you have more questions then please reply to this post and we will do our best to help.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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