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ESA - moved from support group to WR - tribunal

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6 years 9 months ago #194015 by Adrian
Hi Ya just joined the group and need a bit of advice.

Basically 8 years ago i had my own business / was special in police and qualified pilot. Not going too deep - i reported child abuse - I exposed a fake psycologist (pedo), illegal immigrants working as social workers and my chief inspector is now doing time being a peodo.

I have been punished for being a whistle blower, and been stopped seeing my own daughter.

Also around 6 years ago i was coughing blood - i was intimidated by social services not to see my GP because he caught social services faking a police ABE / altering a childs medical records.

I finally signed on to ESA over a year ago and was put in support group for depression. .I collapsed few years ago - had CT for suspected hernia and now been diagnosed (April 2017) with sarcoidosis

The last medical in FEB 2017 i had all these little systoms that i did not know was related to SARCOIDIS - For example coughing of blood / leg goes dead shortness of breath. Ive been told that because i did not seek trweatment years ago i have irriversabe damamage to lungs. The hospital is also doing a heart scan which it may have travelled their plus nervous system (reason why legs goes dead)

I am currently in councilling where i am scoring very high for PTSD - extreme fatigue (which could also be part of sarcoid and advoidance.

DWA put me in work related and have refused my mandatory reconsideration. They said they spoke to my GP and mind (i spoke to mind years ago b4 it come out i had PTSD). I dont think they have spoke to my consultant.

I am currently filling out sumbissions / forms for tribunal and will let them know the list of 48 topics of perverting the course of justice which is in its pre trial stage. Have you any more advice - they say i can walk - but i put varies becasue my leg can go dead at any time - i may walk 100mts one day ok, i may walk 3 mts the next and it collapses - also sarcoid of lungs i get out of breath walking / having shower (where leg goes dead) toilet doing shoes up etc - the most comfortable possition to avoid breathlessness is laying down

any help will be great - got 10 days left to sumbit :)

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6 years 8 months ago #194053 by Gordon
Adrian

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 PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

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.

I would have a look at our ESA Claim guides for details of the criteria against which you are being reassessed.

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

I'm afraid the tribunal will have little or no interest in these 48 cases that you mention, they are only concerned with whether the claimant meets the criteria for an award or not

If you have further 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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