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ESA descriptors and pain.
- Skipper
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7 years 4 months ago #175599 by Skipper
ESA descriptors and pain. was created by Skipper
Firstly, sorry if I should have posted this question somewhere else. I did look but couldn't find anything suitable.
I suffer with chronic back pain and claim War Pensioners Mobility Supplement, a War Pension (for being discharged due to a back injury), recently awarded PIP at lower level for both the mobility and the daily help side of things (after being found fit for work by the ESA for passing the mobility descriptors) and have a Blue Badge.
I have been in the support group for ESA for many years and unfortunately didn't know about this website before I filled in my last ESA50 questionnaire. They found me fit for work and with the help of your website I asked for a Mandatory Reconsideration. I also included a lot more information/evidence (which should have been included in the first place) including a letter from my doctor stating that I could not use a wheelchair for mobility and it wouldn't be in my best interests to return to work but unfortunately most of this information was not looked at.
I have just received my Mandatory Reconsideration notice and I just wondered if I could pick someone's brains about something they have said in the letter...
I was under the impression that the physical descriptors had to be carried out without discomfort or pain. In my letter received from the DWP it states " Whilst it is appreciated that you suffer from pain, it must be remembered that activities do not have to be performed without discomfort or pain and that suffering from pain is not reason in itself to be found to have Limited Capability for Work.
I'm not sure if I'm getting confused but I thought that pain and discomfort was part of the criteria. If anyone has any experience with ESA claims/appeals any advice would be hugely appreciated.
(Sorry for any typo's or bad grammar but the medication I'm on can sometimes make it easier for me to make mistakes).
I suffer with chronic back pain and claim War Pensioners Mobility Supplement, a War Pension (for being discharged due to a back injury), recently awarded PIP at lower level for both the mobility and the daily help side of things (after being found fit for work by the ESA for passing the mobility descriptors) and have a Blue Badge.
I have been in the support group for ESA for many years and unfortunately didn't know about this website before I filled in my last ESA50 questionnaire. They found me fit for work and with the help of your website I asked for a Mandatory Reconsideration. I also included a lot more information/evidence (which should have been included in the first place) including a letter from my doctor stating that I could not use a wheelchair for mobility and it wouldn't be in my best interests to return to work but unfortunately most of this information was not looked at.
I have just received my Mandatory Reconsideration notice and I just wondered if I could pick someone's brains about something they have said in the letter...
I was under the impression that the physical descriptors had to be carried out without discomfort or pain. In my letter received from the DWP it states " Whilst it is appreciated that you suffer from pain, it must be remembered that activities do not have to be performed without discomfort or pain and that suffering from pain is not reason in itself to be found to have Limited Capability for Work.
I'm not sure if I'm getting confused but I thought that pain and discomfort was part of the criteria. If anyone has any experience with ESA claims/appeals any advice would be hugely appreciated.
(Sorry for any typo's or bad grammar but the medication I'm on can sometimes make it easier for me to make mistakes).
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- Gordon
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7 years 4 months ago #175665 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA descriptors and pain.
Skipper
Claimants are not required to complete the ESA activities pain free, but any "significant discomfort", where applicable, that limits your ability to complete an activity should be taken into account.
As you now have an MR Notice the next stage would be for you to request an appeal, success rates at appeal are significantly higher than at MR.
THE ESA MR & Appeal guide has links to the SSCS1 that you will need to complete and instructions on how to complete the form, at this stage you do not have to go into detail about why you are appealing.
I would recommend that you go back through your ESA50, the assessment report (if you do not have this then it will be sent as part of the appeal) and the PIP Claim guide to ensure that you have shown that you meet the criteria to score points.
Be aware some of the Descriptors have multiple elements and you need to meet all of them to score points.
Gordon
Claimants are not required to complete the ESA activities pain free, but any "significant discomfort", where applicable, that limits your ability to complete an activity should be taken into account.
As you now have an MR Notice the next stage would be for you to request an appeal, success rates at appeal are significantly higher than at MR.
THE ESA MR & Appeal guide has links to the SSCS1 that you will need to complete and instructions on how to complete the form, at this stage you do not have to go into detail about why you are appealing.
I would recommend that you go back through your ESA50, the assessment report (if you do not have this then it will be sent as part of the appeal) and the PIP Claim guide to ensure that you have shown that you meet the criteria to score points.
Be aware some of the Descriptors have multiple elements and you need to meet all of them to score points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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