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TOPIC: wca

appeal do`s and dont`s 1 week 1 day ago #175260

I am in the process of appealing esa reconsideration which was turned down when I appeal can I ask that I am not contacted by phone only in writing by DWP ? I did see something somewhere about this and how to word it but cannot find it now.Thanks
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wca 1 week 1 day ago #175265

In the WCA the HCP did not do a lot of the things he says he did example being pulse or examining hands wrists leg movement and many more he also lied regarding some of the information we gave him. the reconsideration did not take any notice of this at all and sided with him, Also it was 9 months from filling out the questionnaire and my husband had deteriorated during this time which he was advised of and said he would note but didn`t. there were 2 of us there but still no joy even though I wrote a separate letter detailing what was said. Should this go in the appeal as well or just the descriptor parts? One of the grounds of appeal is that he cannot walk more than 50 meters without being in severe pain. The other is he is incontinent (severely I wont go into detail) I know what that falls under but should it be in the exceptional reasons as well, I can only say when it happens it cannot be contained in pads.It also requires changes of clothes due to his severe arthritis in his hands and knees.Not sure just how much info is acceptable. or photos?
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appeal do`s and dont`s 1 week 1 day ago #175285

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Once the Tribunal Service have accepted your appeal, DWP will not contact you again directly anyway.

If you do not want the ts to contact you by phone it is fine to tell them this. Don't put your phone number on any paperwork to ts either.

Have a good look at our guide for the benefit in question so that you fully understand the criteria against which you are being assessed.

You might also find this helpful

Appeal FAQs

May I suggest that you favourite/bookmark this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your claim without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it makes things easier for us - and I hope you will find it usefull too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 week 1 day ago by Mrs Hurtyback.
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wca 1 week 1 day ago #175302

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Linda T wrote:
In the WCA the HCP did not do a lot of the things he says he did example being pulse or examining hands wrists leg movement and many more he also lied regarding some of the information we gave him. the reconsideration did not take any notice of this at all and sided with him, Also it was 9 months from filling out the questionnaire and my husband had deteriorated during this time which he was advised of and said he would note but didn`t. there were 2 of us there but still no joy even though I wrote a separate letter detailing what was said. Should this go in the appeal as well or just the descriptor parts? One of the grounds of appeal is that he cannot walk more than 50 meters without being in severe pain. The other is he is incontinent (severely I wont go into detail) I know what that falls under but should it be in the exceptional reasons as well, I can only say when it happens it cannot be contained in pads.It also requires changes of clothes due to his severe arthritis in his hands and knees.Not sure just how much info is acceptable. or photos?

I have merged your posts, we ask members to keep all of their posts in one topic so that they and the Mods have easy access to all of the content.

Whilst it is important to deal with any issues raised in the assessment report, doing so will not in itself result in an award, you should also try to stick to issues of fact rather than trying to challenge the assessors opinions.

Be aware 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.

Also, the Continence Descriptors have multiple criteria, you must treat these as they are written as there is little opportunity for interpretation and you must show that he meets all of these elements to score points.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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wca 1 week 1 day ago #175350

Hi Gordon thanks for your response I am confused about thi walking thing, my partner would not be able to self propel in a wheel chair due to arthritis in his hands they are very painfull and weak. How do you prove it GP says nothing can be done and also the chronic pain he is in not sleeping due to pain.I have had to give up work to care for him.I just don't know where to start on this appeal.he also has difficulty with strong pain killers as they upset his stomach and add to his bowel issues.Any advice would be very welcome.We don't have a drop in centre to get any legal advice and I asked GP to write us a letter and they don't do it.
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appeal do`s and dont`s 1 week 1 day ago #175355

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Linda

If you haven't explained why he would be unable to self-propel a manual wheelchair then you need to do so, as the assumption, without evidence to the contrary, will be that he can.

As to the Incontinence issues; you need to break down the Descriptors into their individual elements and show that he meets each one.

Have a look at the ESA Claim guides for more information on both these activities.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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