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TOPIC: Re ESA reveiw

Re ESA reveiw 1 month 3 weeks ago #170812

  • Gordon
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knockveiw

I'm afraid what you have been told is incorrect, there is absolutely no reason why you should not be able to get a copy of the ESA85(A) from your current award. Even if the Decision Maker was using it in regard your current assessment, which I very much doubt given that you were talking about returning your ESA50 only three days ago, this would not stop you being sent an old report.

All I can suggest is that you try again.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re ESA reveiw 1 month 3 weeks ago #170835

I will indeed do that right away I must admit I did not state the words for my current claim although I did tell them about the person that phoned me to put me in the group.One other question if I may,when I put in the ESA50 form I see it took 11 mths for them to make their mind up 3 yrs ago,does the same apply here as well with renewing it as I have now less than a week to send it back to them.......really would make your health worse all this form filling
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Re ESA reveiw 1 month 3 weeks ago #170838

  • Gordon
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knockveiw wrote:
One other question if I may,when I put in the ESA50 form I see it took 11 mths for them to make their mind up 3 yrs ago,does the same apply here as well with renewing it as I have now less than a week to send it back to them.......really would make your health worse all this form filling

There were significant delays in the ESA assessment system 3 years ago, most of those have now been dealt so I would not expect you to wait so long this time but there are areas where there are still some level of delay, so it is likely to be months rather weeks.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re ESA reveiw 1 month 3 weeks ago #170859

Thank you Gordon for your advice I appreciate your efforts and that of the others as this is a great site.I will let you know how I progress.
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Re ESA reveiw 1 month 3 weeks ago #170952

Sorry for having to come back to you ,but I am stuck at a question.I am filling in this new ESA50 form version 01/16. As I kept a copy of my old form a few years ago I said in this part that I had difficulty in walking 20 metres (I did not tick any boxes that they had on the form) I stated that I became very breathless,dizzy and extreme pain/discomort in my chest and also my lower back.

. In the ESA85A with regards to this form I note the reg nurse stated the following -the available evidence suggests that the client has a significant level of disability due to cardiac problems,depression,back pain,such that they would have limited capability for work.
However further down the ESA85A her answer to this section I refer to above states that-the avaliable evidence does not suggest that the client has severely restricted musclo-skeretal or cardio-respiratory function,such that they would be unable to mobilse more than 50 metres,or transfer between seats without the assistance from another person.

I have now a letter from my Cardiology Consultant saying that I have had a heart attack have currently symptoms of heart failure and troubled by shortness of breath and I get exertional chest pain.He then lists meds and also considers me to be significantly disabled by these problems

How are what way do I word this to fit in with a descriptor for me to be considered in staying in the support group(.Put in s/g last time as I had to do a m/r )

Hope you can help as I am stuck on this Thank you.
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Re ESA reveiw 1 month 2 weeks ago #171009

  • Gordon
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knockveiw

I'll agree the two do appear to be in conflict :(

My suspicion Is that the first one is a general statement and the second a specific one, I think this lessens the conflict but does not entirely remove it.

Your difficulty is that the report is apparently more than two years old, so can you show that it is reflective of your conditions as they are now? Also, the second comment specifically addresses two of the ESA activities and states that you do not meet the criteria for the highest point scoring Descriptors.

If it's your intention to use this report then I would urge caution in your doing so because of these issues, if you do use the report then you must use all of it, you cannot cheery pick.

The Mobilising activity refers to both "significant discomfort" and "significant breatlessness2, both of these would seem to sit well with your Consultants letter. Have a look at the ESA Claim guides for more information.

Please be aware that the Mobility activity is not just a walking test, you ability to self-propel a manual wheelchair will also be looked at, you do not need to be using a wheelchair or to even own one for this to be done.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: knockveiw
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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