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ESA Tribunal-Worried what to expect
- claire
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6 years 10 months ago #190781 by claire
ESA Tribunal-Worried what to expect was created by claire
Waiting for a ESA tribunal date.Worried what to except.Got 12 points out of 15 needed. Got doctors and consultants letters to support me.Can anyone please give me any advice .
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6 years 10 months ago #190788 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal-Worried what to expect
Claire
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
The Appeal is your opportunity to explain why you should score sufficient points for an award.
Did you score the nine points in on activity?
Did you expect to score points in other activities?
I would start by going through our ESA Clam guides, your ESA50 and the assessment report to try and see why you failed to score enough points and to address the issues raised. Treat the Descriptors as they are written, trying to stretch them to meet your conditions will not work.
If you have any questions then please reply to this post and we will do our best to help.
Gordon
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
The Appeal is your opportunity to explain why you should score sufficient points for an award.
Did you score the nine points in on activity?
Did you expect to score points in other activities?
I would start by going through our ESA Clam guides, your ESA50 and the assessment report to try and see why you failed to score enough points and to address the issues raised. Treat the Descriptors as they are written, trying to stretch them to meet your conditions will not work.
If you have any questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- claire
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6 years 10 months ago #190921 by claire
Replied by claire on topic ESA Tribunal-Worried what to expect
Hi Thanks for putting my post up. I score 6 for mobility and 6 points for sitting and standing. I am on a graded Exercise programme and they seemed to use that against me . I can do 2 10 minute walks a day ,have several rest periods in a day and am in by 8pm every night.They found I have arm weakness.I also suffer bad back and shoulder pain but they said pain don't score points. I have to pace myself and do less days before a appointment and then rest after.My first assessment date was Dec but they changed it to Jan and used that against me as it showed I could cope with change. I could go on and on with what I find wrong in their report . Any help would be very grateful
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6 years 10 months ago #190939 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal-Worried what to expect
ESA
The first thing to be aware of is that 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.
Average walking times are about 90m per minute, someone walking slowly would still likely cover more than 500m in the 10 minutes that you said you could walk, far in excess of the maximum 200m that ESA considers.
I'm afraid the fact that you can do this twice every day will definitely have counted against you and I am afraid I don't have any easy solutions to arguing against it! Can you show that the walking use all of your available energy and that your other activities are significantly impacted on by your walking?
The Standing and Sitting is the time that you can remain at a workstation moving between the two positions as you need to, the clock only stops when you have to move away from the station, to score higher you are going to have to show that you cannot do this for more than 15 minutes.
You will only score for questions 11-17 if you can show that you also have a diagnosed mental health issue.
Gordon
The first thing to be aware of is that 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.
Average walking times are about 90m per minute, someone walking slowly would still likely cover more than 500m in the 10 minutes that you said you could walk, far in excess of the maximum 200m that ESA considers.
I'm afraid the fact that you can do this twice every day will definitely have counted against you and I am afraid I don't have any easy solutions to arguing against it! Can you show that the walking use all of your available energy and that your other activities are significantly impacted on by your walking?
The Standing and Sitting is the time that you can remain at a workstation moving between the two positions as you need to, the clock only stops when you have to move away from the station, to score higher you are going to have to show that you cannot do this for more than 15 minutes.
You will only score for questions 11-17 if you can show that you also have a diagnosed mental health issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- claire
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6 years 10 months ago #190968 by claire
Replied by claire on topic ESA Tribunal-Worried what to expect
Thnaks Gordon.After doing to slow paced walks I don't have much energy for other things.I can make a sandwich for lunch but cant make meals.I can only wash my hair every 10 days to a fortnight because of pain and how it exhausts me.Anything extra to my daily routine does take it out of me for following days or weeks
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6 years 10 months ago #191018 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal-Worried what to expect
Claire
I would go back through your ESA50 with the assessment report and the ESA Claim guides to see whether you can provide additional detail to support your claim, any notes that you make from this can be used to create your own submission for the appeal.
Gordon
I would go back through your ESA50 with the assessment report and the ESA Claim guides to see whether you can provide additional detail to support your claim, any notes that you make from this can be used to create your own submission for the appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: claire
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