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ESA reassessment after knee replacement

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6 years 7 months ago #194591 by RobF
I'm currently receiving ESA, WRAG, but not having to attend interviews or demonstrate activity, while recovering from knee replacement surgery in March.

I now have to fill in another ESA50. My recovery has been slower than average, and my actual abilities at the moment are very similar to before the op, when I scored zero points in the medical. I was told my walking problems didn't count because I could use a wheelchair if I had one!

The medics remain optimistic that I'll make a good recovery eventually but there's been very little progress over the past 2-3 months. The knee bends to about 90 degrees at best and when I do the exercises rigorously it tends to become painful and inflamed and I have to lay off them again for days. The physiotherapist is saying at the moment I need to minimise walking. But what will happen over the coming months is very uncertain.

I was self-employed before claiming ESA for the knee in October but the business no longer exists, really. Is another F2F interview likely, or will they just tell me to start looking for work, or even chuck me off onto JSA?

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6 years 7 months ago - 6 years 7 months ago #194602 by slugsta
Replied by slugsta on topic ESA reassessment after knee replacement
Hi Rob,

I'm afraid DWP do tend to assume that everyone is going to be 100% cured by any surgery. You will need to show clearly how/why you still meet the ESA descriptors.

As you have discovered, the ESA mobility descriptors looks at covering the distance on foot or by self-propelling a wheelchair. This applies even if you have never had, never been advised to use, a wheelchair! In order to score points on this descriptor, you will need to explain why you cannot self-propel (if that is, indeed.the case ).

You cannot be found 'fit for work' without a face2face assessment.

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: 6 years 7 months ago by slugsta.
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6 years 6 months ago #196795 by RobF
Replied by RobF on topic ESA reassessment after knee replacement
I had a second F2F assessment 6 days ago. The knee is no better, in fact a bit worse than described above, ATM I only go out when unavoidable and use crutches even in the house.

I'm guessing there can't have been a decision already but today I got a letter saying I have to attend a work coach meeting in 12 days' time.

In the past few days I've cancelled or postponed GP, physio and dental appointments, trying to give the current flareup a chance to settle. Is there any point in trying to postpone this meeting? Is the recent assessment likely to be of any significance in this? (I'm fairly sure I'll get zero points like last time, my current condition is very similar to before the op.)

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6 years 6 months ago #196820 by Gordon
Replied by Gordon on topic ESA reassessment after knee replacement
Rob

ESA Decisions are taking 2-4 weeks at the moment so it is worth your trying to defer the JC+ appointment until a Decision is made.

Gordon

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6 years 5 months ago #198413 by RobF
Replied by RobF on topic ESA reassessment after knee replacement
The JC+ interview happened this morning, despite having heard nothing since the medical a month ago (and nothing on the system either) I was told I don't need to do anything, I will remain in the WRAG unless/until I hear otherwise and I'll be called back in a few months.

I'm relatively happy with that but now there's another issue. I'll soon have been on contributory ESA for a year and have received a letter saying I should apply for IR ESA. But I live in a Universal Credit "full service" area. Does that mean I'll have to go onto UC? I currently get Housing Benefit, if that's relevant.

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6 years 5 months ago #198427 by Gordon
Replied by Gordon on topic ESA reassessment after knee replacement
RobF

You should only be required to claim UC if the change necessitates a new claim.

ESA is a single benefit with two payment methods, so your changing to ESA(IR) at the end of the 365 days should not require a new claim. However, the training of DWP staff is very poor and they may require you to make a claim, all I can suggest should this happen is that you get face to face advice from a trained advisor.

I would recommend that you request an ESA3 form from the DWP office dealing with your claim, fill it in and return it as soon as you can.

Gordon

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