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ESA CLAIM turned DOWN
- slugsta
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- SandR
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After an 11 week wait (apparently my request for an MR was accidently put in a holding file), I have finally received the letter informing me that the original decision has been upheld i.e. I am 'fit to work'.
Using information provided by Gordon and Mrs Hurtyback, I now intend to appeal using form SSCS1.
I have OA of the hips and spine which has drastically worsened since the assessment. I have recently completed a course of physiotherapy. The physio thinks I have spondylolisthesis and has referred me back to my GP. I sent a copy of the referral to the DWP. As it did not provide evidence of functionality I assume it was not considered. The GP has referred me for an MRI scan. This condition was present at the assessment but I could only tell the assessor that I had lower back pain as I had not received a diagnosis. If this condition is confirmed, will I be able to submit the MRI scan report as evidence?
Many thanks
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- Gordon
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SandR wrote: If this condition is confirmed, will I be able to submit the MRI scan report as evidence?
Many thanks
Yes you can.
If you are hoping to score for the Moving Around activity then you also need to explain why you cannot self-propel a manual wheelchair as well.
Gordon
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- SandR
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Thank you for your reply. I did not consider the wheelchair aspect.
I use one walking stick for support, although I should use two. The pressure of using a stick in my right hand causes a lot of pain in my shoulder and neck. I have cervical spondylosis in the neck and any pressure on my right hand, arm and neck, causes pain and triggers headaches which means I cannot use a second stick in my right hand. I also have spondylosis in the thoracic spine. It would be too painful to operate a manual wheelchair. Will this be what they need to know?
Thank you
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- Gordon
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SandR wrote: Hi Gordon
Thank you for your reply. I did not consider the wheelchair aspect.
I use one walking stick for support, although I should use two. The pressure of using a stick in my right hand causes a lot of pain in my shoulder and neck. I have cervical spondylosis in the neck and any pressure on my right hand, arm and neck, causes pain and triggers headaches which means I cannot use a second stick in my right hand. I also have spondylosis in the thoracic spine. It would be too painful to operate a manual wheelchair. Will this be what they need to know?
Thank you
They will assume you are capable so you need to explain why you cannot use a wheelchair, problems with your hands, arms and upper body would be consistent with you being unable to do so.
Gordon
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- SandR
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I am in the process of completing the SSCS1 form and have a question. In section 5, which asks for the reasons for appealing. Do I include a brief summary of why I am appealing for each point and then include more detailed information for each point after I receive the appeal bundle or do I provide detailed information with the SSCS1? I am a little confused by the guides (probably me, not the guides, I am not concentrating very well at the moment)
Also, my claim is ESA CB which is only payable for 365 days. As I will be requesting that ESA assessment rate be reinstated whilst waiting for my appeal, will the time I have been claiming JSA be included in this? If yes, will my ESA CB assessment rate end approx. May 2017 even if my appeal has not been heard by then?. I am not entitled to ESA IB as my husband works full time and I receive an NHS ill health retirement pension (which doesn't affect my ESA but does affect my JSA).
Thank you.
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