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7 years 1 day ago #185676 by Mrs sewingbee
ESA50 was created by Mrs sewingbee
I have just received ESA50 02/17 questionnaire . Some of the format has changed since I last completed this form years previous. You have always maintained clearly about doing activity safely, to an acceptable standard as often as you need to and in reasonable length of time,well this exact wording is in a box above each descriptor and the heading in this box reads..as follows ........only answer YES to the following questions if you can carry out activity safely,to an acceptable standard as often as you need to and in reasonable length of time , so I cannot move more than 50mtrs in reasonable length of time etc..so do I not tick this box or any box ?

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7 years 1 day ago - 7 years 1 day ago #185687 by slugsta
Replied by slugsta on topic ESA50
Hi Mrs sb,

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

By ticking the box you would be saying that you can walk more than 50m and therefore not score the points for that descriptor.

If none of the options accurately reflect your limitations, we suggest that you leave the tick boxes blank and explain in the text box (if there is room) or in the additional information.

Have a look at our ESA guide for further advice.

ESA claims and appeals

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 day ago by slugsta.

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6 years 11 months ago #185973 by Mrs sewingbee
Replied by Mrs sewingbee on topic ESA50
Having being in the support group I have just received ESA 50 questionnaire to submit..being in this group with osteoarthritis of hips I have only two weeks ago undergone an operation for total hip replacement which is a twelve months recovery...do you think DM would categorise this as an exception straight to the support group or would a phone call suffice than to completing esa

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6 years 11 months ago #186038 by Gordon
Replied by Gordon on topic ESA50

Mrs sewingbee wrote: Having being in the support group I have just received ESA 50 questionnaire to submit..being in this group with osteoarthritis of hips I have only two weeks ago undergone an operation for total hip replacement which is a twelve months recovery...do you think DM would categorise this as an exception straight to the support group or would a phone call suffice than to completing esa


I'm afraid neither your operation or the recovery period provide automatic qualification for the Support Group, you need to complete the ESA50 in detail and provide evidence to support your claim even if you have previously submitted it.

Please use the current ESA Claim guides as there have been changes to the DWP guidance since you were last assessed.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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

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6 years 2 months ago #204461 by RickS
Replied by RickS on topic ESA50
I've just gotten home from my Tribunal Hearing where the Judge astounded me by stating that the "not able to perform a task described safely, to an acceptable standard, as often as you need to and in a reasonable time" (including versions that include the words "without pain") Do NOT apply to ESA, but only to claims for PIP !

I believe the Tribunal Judge has this completely wrong. I am now looking for case law rulings, made by higher level tribunals (which I'm sure I've seen) if anyone can point me to them, please.

Thanks, Rick S.

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6 years 2 months ago #204475 by Gordon
Replied by Gordon on topic ESA50
Rick

I'm afraid, from a legal standpoint, the Judge is perfectly correct!

These phrases are defined within the PIP legislation and apply to each activity equally, no such wording appears in the ESA legislation.

That does not mean that the phrases cannot be used but the situation is complicated by the activity in question, the context and in particular, the wording of a specific Descriptor.

Some Descriptors, for example the Moving Around activity requires repeatability and deals with safely through the term "significant discomfort", others imply the phrases, again as an example; it would be reasonable to argue that pressing a button should be a repetitive task and not a single one.

However, the situation is far from black and white, the ESA legislation separates the physical and mental health activities so a claimant would not score points by arguing that their mental health was effected by a physical activity and vice versa.

If you are unhappy with the Decision then the first stage to challenging it would be for you to request a Statement of Reasons.

Tribunals – Requesting a Statement of Reasons

and of course you can only appeal on the basis of an Error of Law so you will have to study the SoR carefully.

What is an Error of Law?

You can review the available Case Law on the following site

wcainfo.net/

Read each judgment very carefully, they rarely are as black and white as they initially appear. Most often Tribunals fail because they have not done something correctly rather than their Decision actually being wrong.

Gordon

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