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TOPIC: ESA

ESA 1 week 2 days ago #174549

Hello there,

I have been in support group from January 2015. My entitlement was reviewed in September where they asked me to complete the form and send it back I did this with all the hospital and doctors letters but they still wanted to call me for a f2f assessment which I went to on 21 September the assessor said the interview was relating to my Poliomylitis (I am diagnosed with Polio on my right leg since the age of 2 and am 49 now) the assessor asked me few questions about my daily activities etc I told her I couldn't go out alone due to mobility issue I am on elbow crutches I am also diagnosed with artheritis on my left leg since last year as I was dependant on that leg and I think due to overworking that leg is giving up on me too anyway to cut the story short I had a call today with a decision and she explained that the assessor didn't award me any points I tried to explain to the lady about my mobility and disability but I don't think she wanted to know and she said that she will pass it on to somebody for reconsideration she couldn't change her decision as she hasn't got any new information from me I explained to her that the assessor said the interview was relating to my polio but she was least interested about my disability or polio she didn't carry out a physical test on me and used the word 'I assume' it will be difficult to carry a physical examination so I wont examine you' but had she examined me further she would see the difference in my legs etc I wasn't awarded a single point at all. Anyway as I am going away on 30 November for 24 days I told the lady as she said she will get somebody to ring me as a matter of urgent I told her I wont be available after Tuesday and I will miss the call I really don't know what or how anyone will look at the case differently if she said she couldn't change her decision when I asked her if she was the decision maker she kept saying 'WE MADE THE DECISION' I didn't really want to put my foot in it by asking any further questions I told her how can somebody (the assessor) talking to me for 30 minutes asking me if I can wiggle my finger if I can move my head and lift my arm make a decision and not award me any points when physical evidence which was me in front of her telling her that I cannot stand o either legs without support. I don't know what will happen now with regards to the decision by the second team and then the tribunal. I did tell the lady that I would like them to look at my legs etc and how I am with a plaster on all day where I cannot bend my leg or move without a support I have arthiritis on my hands and back too in addition to my permanent disability. how can they ignore the letters I submitted with were sent to me by the orthopaedic hospital of reports of my visits followed by my doctors letter clearing stating I cannot use public transport how I am suffering how it is effecting me. I AM VERY SORRY DEAR ALL I know this may sound jargon but trust me I worked for the HMRC for 27 years but when my disability got work I left before they get rid of me on health ground yet me sick record was excellent and why do honest people have to suffer. I haven't slept all night I have been stressed and feel cant stop my tears when I think that I am treated like this. if anyone has any advise help they can give me I would be very great full to you. I told the lady that I will send pic of legs from feel to hip and let them see for themselves should I send this now or wait till the reconsideration? I fear my lord almighty allot for any lies or fraud I'm just saying this but I will provide my email address it [removed] if anyone can help with any further help. I'm sorry moderators if I wasn't allowed to submit my email address please forgive me I was struggling to use this service.
Last Edit: 1 week 2 days ago by Gordon. Reason: email removed
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ESA 1 week 2 days ago #174574

  • Gordon
  • OFFLINE
  • Forum Moderator
hamida

Two immediate issues.

You say you are going to be away from home. You normally have one month from the date of the Decision to request a Mandatory Reconsideration of the Decision, although you can make a late request with an explanation of why it is late, if the DWP do not accept this and they don't always then you lose all further right of appeal on the Decision.

So you might want to think about making the request for an MR now or at least before you go away.

Secondly, it is not your conditions that are assessed but the limitations that result from them and these are looked at specifically in relation to each of the ESA activities.

You mention the Moving Around activity, you need to be aware that it 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
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The following user(s) said Thank You: hamida

ESA 1 week 2 days ago #174592

Hello Gordon,

I have already done that this morning I had a 40 minute conversation with the DM member who said she will send my file for the MR and mark it urgent but with 4 working days now I don't know I will just have to wait and see what happens I did explain about my travelling also she said she will note this on the file I just wanted to ensure that I don't lose my appeal date for tribunal if the MR don't change the decision.

Thank you Gordon for your reply
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