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Fed up fighting for ESA
- pussycat1961
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13 years 3 months ago #65381 by pussycat1961
Fed up fighting for ESA was created by pussycat1961
Hi,
Have just been on the phone to the CLA (community legal advice)to see if they could help represent me in my appeal. I qualified for legal aid but then the woman had to go through all the descriptors with me, they will only help if they think you qualify for the 15 points.
I qualify for 9 points under the Sitting and standing descriptor (2b)cannot remain sitting even in adjustable chair for more than 30 minutes before needing to move away.
I also qualify for 6 points under the Moving around descriptor (1c) cannot repeatedly mobilise 200 metres within a reasonable timescale due to pain and discomfort.
However, the lady from CLA only took into account the sitting decsriptor, not the Moving around descriptor. Nor can I stand for more than a few minutes without havong to WALK about and this means walking, not shifting weight from one foot to the other.
She will not help with my appeal as she feels I will not win the appeal nor the tribunal. She said that though I would have had no problem getting the 15 points from the old WCA (which I did before) I cannot get them through the new descriptors. I am so fed up with it all, she said just to forget it and claim JSA but don't see why I should, my problems are in the lumbar region, 2 spinal ops in 3 years and told I can never do a sitting or standing job, who will employ me? I have to see the appeal through just so I have some money then if the tribunal find in favour of the DWP then do I just start it all over again with a fresh claim? I cannot get copy of medical records, I can't afford £50, now I can't get them via the CLA. The appeals office said they have to apply for the medical records but I don't hold out any hope of that happening.
Anne
Have just been on the phone to the CLA (community legal advice)to see if they could help represent me in my appeal. I qualified for legal aid but then the woman had to go through all the descriptors with me, they will only help if they think you qualify for the 15 points.
I qualify for 9 points under the Sitting and standing descriptor (2b)cannot remain sitting even in adjustable chair for more than 30 minutes before needing to move away.
I also qualify for 6 points under the Moving around descriptor (1c) cannot repeatedly mobilise 200 metres within a reasonable timescale due to pain and discomfort.
However, the lady from CLA only took into account the sitting decsriptor, not the Moving around descriptor. Nor can I stand for more than a few minutes without havong to WALK about and this means walking, not shifting weight from one foot to the other.
She will not help with my appeal as she feels I will not win the appeal nor the tribunal. She said that though I would have had no problem getting the 15 points from the old WCA (which I did before) I cannot get them through the new descriptors. I am so fed up with it all, she said just to forget it and claim JSA but don't see why I should, my problems are in the lumbar region, 2 spinal ops in 3 years and told I can never do a sitting or standing job, who will employ me? I have to see the appeal through just so I have some money then if the tribunal find in favour of the DWP then do I just start it all over again with a fresh claim? I cannot get copy of medical records, I can't afford £50, now I can't get them via the CLA. The appeals office said they have to apply for the medical records but I don't hold out any hope of that happening.
Anne
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- Gordon
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13 years 3 months ago #65385 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Fed up fighting for ESA
Anne
It is perfectly possible for claimant to take their case to Tribunal without assistance, many on on the forums have, and have been successful in doing so, so don't give up.
With regard to you medical records, I assume that the £50 relates to a full copy of everything in your file. Have you considered going through the file and only copying what you think is relevant, this might reduce the cost, or at least spread it over several months, making it more manageable.
Lastly, please have a look at the Claiming ESA on Physical Grounds guide in the Members Only area. It may be that you have precis'd the descriptors for this post, but if not, you are missing key elements to the two descriptors you reference that could affect your ability to meet the criteria.
Gordon
It is perfectly possible for claimant to take their case to Tribunal without assistance, many on on the forums have, and have been successful in doing so, so don't give up.
With regard to you medical records, I assume that the £50 relates to a full copy of everything in your file. Have you considered going through the file and only copying what you think is relevant, this might reduce the cost, or at least spread it over several months, making it more manageable.
Lastly, please have a look at the Claiming ESA on Physical Grounds guide in the Members Only area. It may be that you have precis'd the descriptors for this post, but if not, you are missing key elements to the two descriptors you reference that could affect your ability to meet the criteria.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pussycat1961
- Topic Author
13 years 3 months ago #65399 by pussycat1961
Replied by pussycat1961 on topic Re:Fed up fighting for ESA
Hi Gordon,
Im not too bothered about not having representation at a tribunal, it was just that the CLA said if I wanted them to represent me then they would be able to pay for my medical records but thats not a choice now.
My doctors surgery quoted £50 whether I want a partial or full copy, I need to go back to 2006 so it shows my problem has been ongoing since then. I would prefer a computerised record as it would have everything relevant though I guess as I don't exactly need it right now I could try and save the money, just really want it for the tribunal. If I tried to write down 5 years of detail I know I'd forget to note things that I might not think relevant but actually would be.
Lastly, I did go through the descriptors on the guide you mentioned, I have before which is why I figured I can score 15 points, I have re read the guide and cannot see if there is something that I'm missing or if it's simply that Im so confused by all this.
Anne
Im not too bothered about not having representation at a tribunal, it was just that the CLA said if I wanted them to represent me then they would be able to pay for my medical records but thats not a choice now.
My doctors surgery quoted £50 whether I want a partial or full copy, I need to go back to 2006 so it shows my problem has been ongoing since then. I would prefer a computerised record as it would have everything relevant though I guess as I don't exactly need it right now I could try and save the money, just really want it for the tribunal. If I tried to write down 5 years of detail I know I'd forget to note things that I might not think relevant but actually would be.
Lastly, I did go through the descriptors on the guide you mentioned, I have before which is why I figured I can score 15 points, I have re read the guide and cannot see if there is something that I'm missing or if it's simply that Im so confused by all this.
Anne
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- bro58
13 years 3 months ago #65400 by bro58
Replied by bro58 on topic Re:Fed up fighting for ESA
pussycat1961 wrote:
Hi,
Are you sure that you can not simply make an appointment to view your records, and then just ask for copies of relevant extracts.
I thought this was pretty standard procedures, well worth checking.
cheers
bro58
Hi Gordon,
Im not too bothered about not having representation at a tribunal, it was just that the CLA said if I wanted them to represent me then they would be able to pay for my medical records but thats not a choice now.
My doctors surgery quoted £50 whether I want a partial or full copy, I need to go back to 2006 so it shows my problem has been ongoing since then. I would prefer a computerised record as it would have everything relevant though I guess as I don't exactly need it right now I could try and save the money, just really want it for the tribunal. If I tried to write down 5 years of detail I know I'd forget to note things that I might not think relevant but actually would be.
Lastly, I did go through the descriptors on the guide you mentioned, I have before which is why I figured I can score 15 points, I have re read the guide and cannot see if there is something that I'm missing or if it's simply that Im so confused by all this.
Anne
Hi,
Are you sure that you can not simply make an appointment to view your records, and then just ask for copies of relevant extracts.
I thought this was pretty standard procedures, well worth checking.
cheers
bro58
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- Gordon
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13 years 3 months ago - 13 years 3 months ago #65401 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Fed up fighting for ESA
Anne
I just want to make sure that you understand that the Mobilise test includes the use of a wheelchair, so you need to show that not only can you not walk the distance, but that you cannot also propel a manual wheelchair over the same distance.
As you don't believe you are eligible for points on the Reaching test, you may need to cover off upper body strength in this as well.
Secondly, the Standing and Sitting test is exactly that, it's not stand OR sit. It is at a wokstation and there is no mention of an adjustable chair in the criteria. The test also says "free to move around", which could be interpreted as walking rather than shifting your weight from one foot to the other, as you suggest.
Hope this explains my concerns.
Gordon
I just want to make sure that you understand that the Mobilise test includes the use of a wheelchair, so you need to show that not only can you not walk the distance, but that you cannot also propel a manual wheelchair over the same distance.
As you don't believe you are eligible for points on the Reaching test, you may need to cover off upper body strength in this as well.
Secondly, the Standing and Sitting test is exactly that, it's not stand OR sit. It is at a wokstation and there is no mention of an adjustable chair in the criteria. The test also says "free to move around", which could be interpreted as walking rather than shifting your weight from one foot to the other, as you suggest.
Hope this explains my concerns.
Gordon
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Last edit: 13 years 3 months ago by Gordon.
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- Crazydiamond
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13 years 3 months ago #65407 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:Fed up fighting for ESA
pussycat1961 wrote:
Ask Atos/the DWP on the ESA50 to refer to your medical records in view of the fact you cannot afford the £50 charge to obtain them.
Please see my first post in this thread HERE.
I cannot get copy of medical records, I can't afford £50, now I can't get them via the CLA. The appeals office said they have to apply for the medical records but I don't hold out any hope of that happening.
Anne
Ask Atos/the DWP on the ESA50 to refer to your medical records in view of the fact you cannot afford the £50 charge to obtain them.
Please see my first post in this thread HERE.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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