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Re assessment

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6 years 7 months ago #195731 by Gordy
Re assessment was created by Gordy
Hello
After being on ESA in the support group for three years thanks to a tribunal I now find myself having just six points after a re assessment, the points are for the Can not for the majority of time remain at work station etc etc and non at all for my origional award for 50m walking. They have also stated that I should be able to use a wheel chair, does this not contradict the points award?
Do they take into consideration how you would get to a place of work in a wheel chair,buses etc.

Thanks in anticipation.

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6 years 7 months ago #195744 by Gordon
Replied by Gordon on topic Re assessment
G

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

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It's all about the distance that you can mobilise either by walking or self-propelling a wheelchair.

Although most people would propel a wheelchair at a slower pace than they would walk, you would easily cover the 200m that ESA considers in five minutes so there is no conflict between the two Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gordy

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6 years 7 months ago #195944 by Gordy
Replied by Gordy on topic Re assessment
hello again
Been looking through my LT54,ESA56 and 65 but cant find any reports from my Doctors should Maximus not have got one from them ?
There seems to quite a few un truths in the medical report form written by the HCP.

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6 years 7 months ago - 6 years 7 months ago #195964 by slugsta
Replied by slugsta on topic Re assessment
Hi Gordy,

I'm afraid it is unusual for the assessors to request information from the claimant's GP. Even when they do, many GP's do not reply and those that do tend to give very brief answers with little or no explanation.

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 5 months ago #198654 by Gordy
Replied by Gordy on topic Re assessment
MR done and knocked back so in the process of appealing to the tribunal.
The decision seems to hinge on the ability to be able to use a wheelchair however they are assuming one can be used,no examination of the functions required to use one was carried out at the examination.
Can they just assume a wheelchair can be used?
How would I get out of the house I don't have any ramps etc?
How far do they expect you to travel in a wheelchair to get to a job,buses etc?

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6 years 5 months ago #198680 by Gordon
Replied by Gordon on topic Re assessment

Gordy wrote: MR done and knocked back so in the process of appealing to the tribunal.
The decision seems to hinge on the ability to be able to use a wheelchair however they are assuming one can be used,no examination of the functions required to use one was carried out at the examination.
Can they just assume a wheelchair can be used?
How would I get out of the house I don't have any ramps etc?
How far do they expect you to travel in a wheelchair to get to a job,buses etc?


Yes they can assume the use of a wheelchair unless you specifically show that it can't be used.

The legal test does not look at the claimants ability to get to and from work, it just considers their ability to mobilise up to 200m on level ground, so you need to concentrate on showing that you cannot do this.

There are three arguments against the wheelchair

- You suffer physical restrictions that would prevent you using a wheelchair. For example; Arthritis in the hands, wrists of shoulder.

- You have conditions that would indirectly prevent your using a wheelchair. For example angina of asthma.

- Logistical problems would prevent he usage, however, this argument has been significantly devalued by a UTT Decision which suggests that the wheelchair could be stored at the workplace. This obviously ignores the issue of how the claimant gets to and from work, it can be argued against but issues such as ramps at home have been to a considerable extent negated.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gordy

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