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Rejected ESA Re-claim
- Manel
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7 years 2 months ago #180762 by Manel
Replied by Manel on topic Rejected ESA Re-claim
Thanks Gordon,
I contested descriptor 1,2, 12, 13 and 16 together with my case worker. I also wrote in the Mandatory Reconsideration that "I did find the assesment very difficult due to ongoing health issues causing me anxiety, depression, low moods and intermittent suicidal thoughts. Think this might affected the assessment I went to. I also took some doctors letters with me and did adviced the Medical Assessor of my musculoskeletal problems reducing my mobility".
D 1: cant mobilise more than 50 m ona ground level without stopping.
D2: unable to stand unassisted for more than 10 min.
Use of 2 sticks on worst days.
D12: aware of danger but doesn't stop me falling over due to neurological damage in both legs.
D13: due to fatigue, osteoarthritis and depression I tend to have friends to carry any form of tasks.
D16: physical and psychological scars, I am nervous and aware of stigma around HIV, and tend to isolate myself at home most days.
Am am preparing the Notice of Appeal now. Help would be most appreciated at this stage.
Thanks, M
I contested descriptor 1,2, 12, 13 and 16 together with my case worker. I also wrote in the Mandatory Reconsideration that "I did find the assesment very difficult due to ongoing health issues causing me anxiety, depression, low moods and intermittent suicidal thoughts. Think this might affected the assessment I went to. I also took some doctors letters with me and did adviced the Medical Assessor of my musculoskeletal problems reducing my mobility".
D 1: cant mobilise more than 50 m ona ground level without stopping.
D2: unable to stand unassisted for more than 10 min.
Use of 2 sticks on worst days.
D12: aware of danger but doesn't stop me falling over due to neurological damage in both legs.
D13: due to fatigue, osteoarthritis and depression I tend to have friends to carry any form of tasks.
D16: physical and psychological scars, I am nervous and aware of stigma around HIV, and tend to isolate myself at home most days.
Am am preparing the Notice of Appeal now. Help would be most appreciated at this stage.
Thanks, M
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7 years 2 months ago #180767 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Rejected ESA Re-claim
Manel
Thanks.
So some immediate comments.
For ESA Mobilising (1) means 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.
For Standing and Sitting (2) it is your ability to remain at a work station that is being tested, you can move from seated to standing as many times as you wish but the clock will only stop when you have to move away from the workstation.
Awareness of danger (12). This is a mental health activity and you cannot score points if (a) you are actually aware of the danger and (b) if the cause of the danger is due to a physical condition.
Starting and finishing tasks (13), again you can only score points for this activity if the underlying cause is a mental health one.
Coping with social situations (16) you would need to show difficulty relating to others or significant distress.
Have a look at the ESA Claim guides for more information on these activities.
Gordon
Thanks.
So some immediate comments.
For ESA Mobilising (1) means 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.
For Standing and Sitting (2) it is your ability to remain at a work station that is being tested, you can move from seated to standing as many times as you wish but the clock will only stop when you have to move away from the workstation.
Awareness of danger (12). This is a mental health activity and you cannot score points if (a) you are actually aware of the danger and (b) if the cause of the danger is due to a physical condition.
Starting and finishing tasks (13), again you can only score points for this activity if the underlying cause is a mental health one.
Coping with social situations (16) you would need to show difficulty relating to others or significant distress.
Have a look at the ESA Claim guides for more information on these activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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