× Members

ESA Laws

More
6 years 11 months ago #187495 by Dougle
ESA Laws was created by Dougle
Hi again, I am currently having my ESA reviewed after five years in the Support Group.
If my claim for ESA is once again approved does that mean my claim will be subject to any new laws regarding ESA that have come about or will come about recently? Or will my claim be subject to the law as at the time of my original award five years ago ?
Thanks again !

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #187510 by Gordon
Replied by Gordon on topic ESA Laws

Dougle wrote: Hi again, I am currently having my ESA reviewed after five years in the Support Group.
If my claim for ESA is once again approved does that mean my claim will be subject to any new laws regarding ESA that have come about or will come about recently? Or will my claim be subject to the law as at the time of my original award five years ago ?
Thanks again !


There have been no changes to ESA that will affect an existing claimant, however, both the Descriptors and Regulations against which you will be reassessed have been updated so you need to use the latest ESA Claim guides to help you complete the ESA50.

Treat it as a new claim and complete the form in detail and provide any relevant evidence that you have even if it was submitted before.

If you have any questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dougle

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #187615 by Dougle
Replied by Dougle on topic ESA Laws
Hello, on the ESA 50. Form I am filling in on page 9 'moving around and using steps' it asks how far can you move repeatedly and safely .... the options are 50 m , 100m, 200m, it varies ...
Well I cannot walk even 1 single step without utter extreme pain . My pain is present 24/7 Before I attempt to walk even 1 meter ..so which box shall I tick ?
I do not want to say I can walk 50 meters because I cannot .
Many thanks ..not sure what to do here

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #187619 by Gordon
Replied by Gordon on topic ESA Laws

Dougle wrote: Hello, on the ESA 50. Form I am filling in on page 9 'moving around and using steps' it asks how far can you move repeatedly and safely .... the options are 50 m , 100m, 200m, it varies ...
Well I cannot walk even 1 single step without utter extreme pain . My pain is present 24/7 Before I attempt to walk even 1 meter ..so which box shall I tick ?
I do not want to say I can walk 50 meters because I cannot .
Many thanks ..not sure what to do here


Mark the tick boxes as "see below" and explain your limitations in the comments box or attached pages.

You are not require to complete the ESA activities without pain, so you must be explicit as to the amount of pain you are in before you walk, ESA uses the phrase "significant discomfort", significant pain should be accepted as being more severe.

Also, 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

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #187627 by Dougle
Replied by Dougle on topic ESA Laws
Thanks Gordon ,most helpful. I will be adding a careful explanation to that question on the form

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #187628 by Dougle
Replied by Dougle on topic ESA Laws
One last question please..can i be penalised for the fact that I have managed to fill the form in by hand using a pen ? My extended answers were typed by my wife because the typing causes me terrible pain etc.
Sorry to be a be a pest.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.