ESA - awarded 0 points

My last thread appears to be locked, don't know why.

As far as I recall, the decision made 18 months ago was communicated by phone, rather than letter so I don't know what he scored under which descriptors. I don't recall seeing anything in writing. However, I substantially copied the replies to the last questionnaire in 2015 onto the questionnaire he completed in April 2016, so expected the same result, other than he stated that the degenerative nature of his injury meant he is less capable now than he was 18 months ago. The only difference is that the previous WCA was recorded whereas the one in August was not, despite us asking twice and be assured that it would be. Unless, of course, there has been a change in the descriptors for ESA over the last 18 months. I know that the PIP descriptors were different to the DLA descriptors but don't recall a similar change for ESA.

The original PIP decision was not recorded and there were a number of factual anomalies between the answers given on both the form and at the assessment which we were easily able to prove in MR and at Appeal, resulting in reinstatement of Enhanced Mobility.

A friend (qualified nurse) applied for a job as a WCA assessor but after the training told them she was not prepared to work for them, due to some of the immoral practices the trainees were told to employ to deny legitimate claims. So this, coupled with the DWP's failure to record, despite the assurance that it would be recorded, plus the anomalies between the answers and the decision for PIP make me certain it's an endurance test for only those with the stamina and family support to fight unfair decisions to the bitter end, while the DWP hope you just give up.

Hi ods,

Your topic was not locked, so I don't know what happened there! I have merged your most recent message with the previous topic so that all information is kept in one place for you.

As you don't know what it was that gained your son the ESA award previously, I think all you can do is sit down with the descriptors in front of you (they are in the ESA guide) and explain exactly how and why your son should have scored points against them.

If, when looking at the most recent ESA50, you feel you have already made your case in the best way possible, you should draw the DM's attention to these facts.

Thank you. I have gone through the ESA guide and explained how and why he should have scored points. The answers I gave last time - and for every previous IB and ESA assessment - were exactly the same as those I gave this time. His problems have not improved, in fact, as he now has a degenerative injury they are slightly worse now than last time. Unless the criteria for ESA has changed in the last 18 months, it is really very odd.

Re Gordon's comment about the phantom wheelchair, although he has no upper limb problems and could probably propel a wheelchair, as he cannot sit in a normal position for more than about 15 minutes and cannot bend his knee easily and sits for much of the time on his bed with his leg outstretched and supported by a pillow to minimise any weight, it would be extremely difficult to consider this a suitable mode of mobilisation.

When I spoke to the disability employment person some years ago and explained the situation, she said she thought it very unlikely that any potential employer would consider having to sit most of the day with his leg outstretched and supported a viable prospect. The situation hasn't changed, although, as I say, maybe the criteria has.

I am now awaiting a reply to my request for the DM's reasoning and the MR.

The possibility of a wheelchair has never actually been mentioned by anyone at any time in the last 13 years. I'm just waiting now for the MR to come back and will appeal if the decision does not change.

Thanks for your replies.

It doesn't matter than a wheelchair has never been suggested to you. DWP are still allowed to decide that you would be able to use one and score zero points if you do not address this directly.