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TOPIC: ESA

ESA 3 months 3 weeks ago #194583

I filled out my brothers esa form. he went to his face to face interview and was asked if he drove. "yes" he replied, "i tried the previous year, i drove my daughters car to the supermarket! I held on to the trolley for support but I realised then I couldnt do it, she had to take me home".
Because of that statement he was kept in the work placement group. They said they accept his illness however DWP think he could use a self propelled wheelchair! His welfare benefit advisor said it was because of what he said about driving! he should have been grateful he didnt lose altogether. At the same time he was awarded his pip standard award. when is it best to reapply his esa?

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ESA 3 months 3 weeks ago #194596

Hi Christine,

I am a little unsure of the status of your brother's claim. You say he was 'kept in the work placement group' and then ask about reapplying. Is he currently in the WRAG or was the ESA claim refused?

As you have discovered, the mobility descriptor looks at both the ability to cover the distance on foot or in a self-propelled wheelchair. This applies even if the claimant has never had, never been recommended to have, a wheelchair!

If he is in the WRAG then your brother has a live claim and cannot reapply. He can ask for a Mandatory Reconsideration if it is less than 13 months since the decision. However, DWP only have to accept this request if made within 4 weeks of the decision. The longer it is after the that date, the more DWP will want 'good reason' for the delay.

If your brother was denied ESA, he will have to show a new condition, or deterioration of the same one, in order to reclaim ESA. EVen then, he might not be paid until after an assessment.

Please let us know exactly what the current situation is and we will be able to offer more suggestions.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

ESA 3 months 3 weeks ago #194597

christine

If your brother is in the WRAG then he cannot "reapply" for ESA.

If you believe that he should be in the Support Group because he meets the criteria for this award then he should consider challenging the current Decision.

Be aware, 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

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonMrs Hurtyback