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7 years 9 months ago #159546 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
Gordon what do i need to do ,i cant think here with the way the medication is affecting my brain ,dont understand at all the guides and what i need to do,all i know is that i am not fit for work with the pain i`m in ,and the pressure of all this is giving me very bad anxiety and stress please help ,in very plain English please

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7 years 9 months ago #159564 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen dunne wrote: Gordon what do i need to do ,i cant think here with the way the medication is affecting my brain ,dont understand at all the guides and what i need to do,all i know is that i am not fit for work with the pain i`m in ,and the pressure of all this is giving me very bad anxiety and stress please help ,in very plain English please


I can explain the issues, but you must explain to the DWP how you are specifically affected.

First of all, it's important to understand that by being placed in the WRAG it is accepted that you are not Fit for Work so there is no value in you trying to show this, you must show that you met the SG Descriptors when you were last assessed.

Next, as you are asking for a Reconsideration of the previous Decision, those looking at your claim can only consider your problems as they were at that time, any changes since then will be discounted.

Looking at where you scored points; If you can show that you cannot mobilise more than 50m then this would place you in the SG, Mobilising means walking and self-propelling a manual wheelchair.

It's Standing and Sitting or Reaching not Standing and Reaching or do you mean that you scored 9 points for each? For the former, if you cannot move between one seated position and another without assistance then it's the SG; for Reaching you need to be unable to raise either arm to put something in the top pocket of a coat

If you are going with the Exceptional Circumstances then you must show;

- there is a substantial risk of harm, this is a significant requirement which is much more than the majority of the time.

- the risk must result in harm to you or another

- The harm must result from your doing what is called Work Related Activity, there is a list of these in the Claim guide.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 9 months ago #159586 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
sorry Gordon its 6 for mobolising and 9 for standing and sitting,the meds really mess with my head
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7 years 9 months ago #159591 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
i cannot walk any distance without being in pain , but the lady at the medical put me in the 6 point catagory, ,how would i prove she was wrong and didnt understand me properly,i had to take extra painkillers to get to the test center itself,so i was able to walk the short distance from reception to her office ,she didnt put on the medical that i was half sleeping throughout the medical because of the extra meds i had to take ,i yawned the whole way through the interview and apologised for doing so ,she told me not to worry ,yet she made no mention in her report, i had told her that i had to nearly overdose to get there as they sent me to an address that was 16 miles away for my medical even though there is a center in our city that would take me 5 mins to get to.

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7 years 9 months ago #159618 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen dunne wrote: i cannot walk any distance without being in pain , but the lady at the medical put me in the 6 point catagory, ,how would i prove she was wrong and didnt understand me properly,i had to take extra painkillers to get to the test center itself,so i was able to walk the short distance from reception to her office ,she didnt put on the medical that i was half sleeping throughout the medical because of the extra meds i had to take ,i yawned the whole way through the interview and apologised for doing so ,she told me not to worry ,yet she made no mention in her report, i had told her that i had to nearly overdose to get there as they sent me to an address that was 16 miles away for my medical even though there is a center in our city that would take me 5 mins to get to.


You are not required to Mobilise pain free, but any "significant discomfort or exhaustion" that limits your ability to do so should be counted.

As you scored points for this, it is accepted that you have problems in this area, you've been assessed as being able to mobilise 100m-200m, you need to show that you are in fact limited to 50m or less. Whether you can do this and how you do this will depend on your life style, don; forget that you are also being assessed as using a manual wheelchair, whether you use one or even own one is not relevant.

You need to explain what restricts your mobilising and give examples of what you can do and what you can't, I'm afraid I cannot offer more advice on the information you have provided.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #159700 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi sorry Gordon ,i suffer from prolasped disc`s in lower back this last 18 years with sciatica in legs ,this last 4 years i have suffered the same in my neck c4 c5 c6 with sciatic symptoms in my right shoulder arm and fingers with reducded sensation in thumb and next two fingers ,so i defo couldn`t be considered to manage a wheel chair
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