- Posts: 9439
esa reassessment
- slugsta
- Offline
Yes, you can find out this info. Either phone or write to the DWP (written is probably best if you are able. Whether or not you had a face2face assessment, this link will tell you what forms are available.
ESA medical – what forms to ask for?
If you want all the paperwork associated with your claim, you can make a written Subject Access Request
SAR
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.
- eve
- Topic Author
- Offline
- Posts: 54
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51076
You need to be aware that the Mobilising test does not just look at your ability to walk, but also your ability to self-propel a manual wheelchair over the same distances. You do not need to use a wheelchair or to even own one in order for the usage to be considered, as long it is considered reasonable then it usage can be considered. So, if you have not provided evidence that you cannot self-propel a wheelchair, it may have been assumed that you can.
Your reasons for being unable to use a wheelchair may be the same as those that limit your ability to walk, but you must still address this issue directly and obviously you must show that you are limited to 50m or less. for the majority of the time, so if you have problems in the morning then you should go into these in detail but you should also explain how your are limited in the afternoon and evening.
The full Descriptor for the Support Group is
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.
Cannot either:
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
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.
- eve
- Topic Author
- Offline
- Posts: 54
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51076
eve wrote: hi yes i would not be able to self-propel a wheelchair for the same reasons as i have with walking.As i have severe discomfort and breathlessness .I did state this on my ESA form and letters from my doctor that state i suffer breathlessness on activity.
If you are unable to perform an activity first thing in the day, then you should be counted as being unable to do it for the whole day. ESA Regulation 27
27. A claimant who at the commencement of any day has, or thereafter develops, limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work throughout that day.
www.legislation.gov.uk/uksi/2008/794/regulation/27/made
Although this only applies to Limited Capability for Work (WRAG) as the 15 point descriptor also applies to the Support Group this should still be relevant.
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.
- eve
- Topic Author
- Offline
- Posts: 54
Please Log in or Create an account to join the conversation.