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Appeal Won and now ESA50 has arrived today

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6 years 6 months ago #198132 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Thank you all for the comments. Benson is indeed correct.
I was quoting samples from the paperwork we received. She has not applied for PIP or DLA, only ESA. It appears I have become distracted and may be concentrating on the wrong aspects as the main issue is her inability to mobilise? (NB - At the assessment, the bulk of the questions put to her related to her mental health but on the paperwork submitted we made no mention of any such issues - only the physical restrictions.)

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6 years 6 months ago #198140 by Gordon
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today
Rumplestiltskin

Sorry about the confusion, my excuse is that I have been quite ill for the last week.

Remember, ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.

Gordon

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

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6 years 5 months ago #198158 by Judy
Bless you Gordon and Mrs Hurtyback for struggling on. Get well sooner x
The following user(s) said Thank You: Gordon, slugsta

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6 years 5 months ago #198264 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Gordon, absolutely no need for any apology - it is obvious to me and the forum you are a great ambassador for the site. In relation to the mobility issue, I purchased a self-propelled wheelchair for her but she finds it impossible to grip the outer push-rim to even partially rotate the wheels. I or my daughter have to push her. This was clearly stated in the pack we submitted. Nevertheless, the assessment says that a reasonable adjustment would be for her to use a wheelchair and an employer could easily find space to store it at a place of work!

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6 years 5 months ago #198265 by Gordon
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today

Rumplestiltskin wrote: Nevertheless, the assessment says that a reasonable adjustment would be for her to use a wheelchair and an employer could easily find space to store it at a place of work!


This is from a UTT Decision is regard to the practical aspects of a claimant using a wheelchair, rather than the physical., it really needs challenging!

However, the comment does not extend to the actual usage of a wheelchair, issues with this fall under two general headings;

- physical problems that directly prevent the propelling of the wheelchair, such as Arthritis in the hands, wrist, arms or shoulders and

- issues such as angina and asthma which would limit the claimants ability to propel the wheelchair.

Gordon

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

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6 years 2 months ago #204946 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Still patiently awaiting a hearing date. I would value your views on a related aspect. DWP stopped paying any benefit of any description since July 2017.. The letter advising of the cessation of benefit also referred to an overpayment which the DWP had made. Simultaneously, they passed the matter of the overpayment to akinaka Debt Recovery. We paid that as soon as we were made aware of it. This was all at the same time as we had given notification that we were submitting an appeal. Today, another letter arrived saying that ESA will cease on 4 July 2018 as the 365 days are up. It shows the total income-related weekly amount. A phone call to DWP this afternoon asking what was going on was met with the response "Oh, it's just a badly worded letter". On pressing the matter I was told that all the information I was giving was held on different systems to which he had no access. The call finished with me being told that if I wanted to proceed about anything to do with any payments, my wife would have to get our GP to issue a fit-note back-dated to 4 July 2017.
I asked why, when she was in the Support Group when the payments were stopped, this was required. I was told that the only way the matter could be proceeded with was submission of a fit-note. I had the impression I was speaking to someone who didn't really know or care.

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