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TOPIC: ESA Refused

ESA Refused 2 months 3 weeks ago #175241

Gordon,

Thanks for the link. I found: CSE/151/2012 [2012] UKUT 376 (AAC): Whether someone can reasonably use a wheelchair to mobilise. Very interesting it appears that, 1. The appropriateness of the wheelchair with respect to the persons health condition. 2. Whether a wheelchair is actually available and 3. "The appellant lives in an upstairs tenement flat. No questions were asked as to whether a wheelchair would be practical/suitable for her from the point of view of her living arrangements.” need to be considered by the tribunal. And one might think the Decision Maker too, before it gets to an appeal.

In my case I don't think It'd help my condition even if I could use it, I'd be better off with my stick/chair hybrid as at present. I'd have to have a wheelchair assesment before I could get one afaik. Lastly, as mentioned before, it is totally impracticable for me with regard to my living arrangements.

Will keep you posted on further developments.

Larry
The administrator has disabled public write access.

ESA Refused 2 months 1 day ago #177030

Gordon,

I went to my doctor today, found out that "they" (I assume the DWP), "won't accept any more fit notes". Also that a wheelchair assessment will have to be obtained via social services.

Upon returning home found a brown envelope from the DWP.: Mandatory Reconsideration, "We have not changed our decision", dated 15/12/16.

So..... without supporting evidence showing that I am unable to use a wheelchair it doesn't look like an appeal is viable. I am not particularly interested in widening this matter further.

I am back on JSA and due to deteriorating mobility have bought a lightweight rollator.

Larry
The administrator has disabled public write access.

ESA Refused 2 months 1 day ago #177045

  • Gordon
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Larry

When someone is found Fit for Work the DWP write to their GP to say that they do not need to provide further Fit Notes, but it most certainly do not say that they cannot issue a new Fit Note especially when it is in connection with an appeal of the Decision.

A Wheelchair Assessment is just one way of showing that you cannot use one :)

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

ESA Refused 2 months 1 day ago #177046

  • Gordon
  • OFFLINE
  • Forum Moderator
Larry

When someone is found Fit for Work the DWP write to their GP to say that they do not need to provide further Fit Notes, but it most certainly do not say that they cannot issue a new Fit Note especially when it is in connection with an appeal of the Decision.

A Wheelchair Assessment is just one way of showing that you cannot use one :)

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