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IB to ESA appointment changed
- bro58
8 years 2 months ago - 8 years 2 months ago #155491 by bro58
Hi 58u,
It is up to you, but once you are sure that they have received your ESA50 and you have had your F2F, "the ball is firmly in their court".
You could ring ESA for an update if you wish :
THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.)
bro58
Replied by bro58 on topic IB to ESA appointment changed
58ully wrote: Ok thanks for reply bro58 2-3 months of you receiving the ESA50 !
mine has been over 10 months now, do you think i should be giving them a call??
Hi 58u,
It is up to you, but once you are sure that they have received your ESA50 and you have had your F2F, "the ball is firmly in their court".
You could ring ESA for an update if you wish :
THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.)
bro58
Last edit: 8 years 2 months ago by bro58.
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- 58ully
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8 years 1 month ago #159113 by 58ully
Replied by 58ully on topic IB to ESA appointment changed
Hi all it been sometime but as I expected only scored 9 points for reaching? Even though my illnesses are walking / sitting / standing as explained & documented within the esa50 form.
We told the assessor I could only walk a few meters due to severe pain in legs, back & breathlessness and having to stop. She still noted “so me walk 20 meters?”.
Anyhow Mandatory reconsideration, the DM agreed with assessor so no change IB to JSA, dm reasoning; With regard to your level of pain, “the activities do not have to be performed pain free”
So I suppose this statement even though for pip still means nothing “Lady Brinton, that if a claimant is in extreme pain, they will be assessed as not reliably able to walk that distance.”
Obviously am appealing against this decision, I have already sent off SSCS form and had a reply back saying “we have asked DWP as the other party to prepare a written response to your appeal”
Am not claming jsa as I could not get there without assistance from my wife, also I was the main claimant for me and my wife so we have now not much income, we are relying on family for now.
Questions if I may.
I did ask to be placed on standard esa while appeal proceedings are currently ongoing.
Do I now need to get in touch with dwp and send fit-notes? And would I send copies or originals. Thanks for any help, am sure I will need a lot more thanks again…
We told the assessor I could only walk a few meters due to severe pain in legs, back & breathlessness and having to stop. She still noted “so me walk 20 meters?”.
Anyhow Mandatory reconsideration, the DM agreed with assessor so no change IB to JSA, dm reasoning; With regard to your level of pain, “the activities do not have to be performed pain free”
So I suppose this statement even though for pip still means nothing “Lady Brinton, that if a claimant is in extreme pain, they will be assessed as not reliably able to walk that distance.”
Obviously am appealing against this decision, I have already sent off SSCS form and had a reply back saying “we have asked DWP as the other party to prepare a written response to your appeal”
Am not claming jsa as I could not get there without assistance from my wife, also I was the main claimant for me and my wife so we have now not much income, we are relying on family for now.
Questions if I may.
I did ask to be placed on standard esa while appeal proceedings are currently ongoing.
Do I now need to get in touch with dwp and send fit-notes? And would I send copies or originals. Thanks for any help, am sure I will need a lot more thanks again…
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- Gordon
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8 years 1 month ago #159129 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB to ESA appointment changed
58ully
It sounds as if you have fallen foul of the wording of the Mobilising and Standing and Sitting activities!
For Mobilising, in addition to your ability to walk, ESA considers your ability to self-propel a wheelchair over an equivalent distance, you do not need to be using a wheelchair or even own one for the usage to be considered.
The Standing and Sitting activity considers your ability to remain at a workstation you can do this standing or sitting and you can move between the two, the clock only stops when you are forced to move away from the workstation.
Pain Is considered for ESA, although the quote from Lady Brinton is not relevant to ESA which talks about significant discomfort and breathlessness, significant pain is considered to be worse that significant discomfort, but none of these phrases are clearly defined.
Whilst you are not required to complete the ESA activities without pain, any discomfort or pain that limits your ability to perform an activity should.
Yes, you need to contact the DWP, you can ask to be placed on the ESA Assessment rate once your appeal has been accepted, you will need to provide Fit Notes from the day after your were found Fit for Work, they will require the original but you should take a copy before sending it.
Gordon
It sounds as if you have fallen foul of the wording of the Mobilising and Standing and Sitting activities!
For Mobilising, in addition to your ability to walk, ESA considers your ability to self-propel a wheelchair over an equivalent distance, you do not need to be using a wheelchair or even own one for the usage to be considered.
The Standing and Sitting activity considers your ability to remain at a workstation you can do this standing or sitting and you can move between the two, the clock only stops when you are forced to move away from the workstation.
Pain Is considered for ESA, although the quote from Lady Brinton is not relevant to ESA which talks about significant discomfort and breathlessness, significant pain is considered to be worse that significant discomfort, but none of these phrases are clearly defined.
Whilst you are not required to complete the ESA activities without pain, any discomfort or pain that limits your ability to perform an activity should.
Yes, you need to contact the DWP, you can ask to be placed on the ESA Assessment rate once your appeal has been accepted, you will need to provide Fit Notes from the day after your were found Fit for Work, they will require the original but you should take a copy before sending it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- 58ully
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8 years 1 week ago #160862 by 58ully
Replied by 58ully on topic IB to ESA appointment changed
Thanks for all your help...i have had a letter from appeals saying sent info to DWP, i have now had a 122 page submission from DWP, heard nothing back from appeals as yet, my Q is how long do i have to send my submission into appeals ? as am waiting for results and more appointments to be sent to me...thanks for any help...
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- Gordon
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8 years 1 week ago #160863 by Gordon
You should have at least three weeks to complete and send in your submission to the TS, it may well be more but your papers need to be with the TS no later than seven days before the hearing.
If you are collecting new evidence then it is really important that those providing it make it clear that it relates to the date on which you were assessed, if this is not done then you risk it being excluded as changes to your condition that occurred after the Decision was made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB to ESA appointment changed
58ully wrote: Thanks for all your help...i have had a letter from appeals saying sent info to DWP, i have now had a 122 page submission from DWP, heard nothing back from appeals as yet, my Q is how long do i have to send my submission into appeals ? as am waiting for results and more appointments to be sent to me...thanks for any help...
You should have at least three weeks to complete and send in your submission to the TS, it may well be more but your papers need to be with the TS no later than seven days before the hearing.
If you are collecting new evidence then it is really important that those providing it make it clear that it relates to the date on which you were assessed, if this is not done then you risk it being excluded as changes to your condition that occurred after the Decision was made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: 58ully
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- 58ully
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7 years 11 months ago #163927 by 58ully
Replied by 58ully on topic Won ESA Appeal Thank You B & W
Just to A BIG thanks to B & W and all Moderators for their invaluable HELP along the way, I was awarded 9points at ESA Assessment and a further 9points at Appeal total 18points now hopefully placed in WRAG Group, I would have preferred Support Group but considering I had very little supportive medical evidence am happy with the award and hopefully in the near future when my all my medical exams & results come in I may apply for the support group, thanks to all.. 
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