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ESA moving around

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6 years 5 months ago #200143 by AJ70
ESA moving around was created by AJ70
Hi all

When filling in my esa form I ticked 50 meters for moving around as I am in constant pain and any distance of walking adds more. But I force myself with encouragement from my support worker to walk due to obesity, always slowly and stop and rest for a few minutes or more before I can 50 metres again but again I will be in pain the whole time. A couple of days a week I can't walk at all. Can I score points for this even though I do it, I know there's walking through pain for pip but is there for esa?

Thank you.

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6 years 5 months ago #200149 by Gordon
Replied by Gordon on topic ESA moving around
AJ

All you can do is explain your problems.

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the 50m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

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

So you need to explain what you can, how you are limited and why.

Gordon

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

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6 years 5 months ago #200152 by AJ70
Replied by AJ70 on topic ESA moving around
Thank you for such an informative answer Gordon, I really appreciate it, you've helped a lot. Great site!

AJ

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6 years 5 months ago #200164 by David
Replied by David on topic ESA moving around

Gordon wrote: AJ

All you can do is explain your problems.

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the 50m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

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

So you need to explain what you can, how you are limited and why.

Gordon


Sorry Gordon,is this for PIP rather than ESA ?

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6 years 5 months ago #200166 by Gordon
Replied by Gordon on topic ESA moving around
David

I'm so sorry, this is what I get for eating lunch at the same time as answering posts :blush:

Most of the items are applicable to ESA although you need to cautious of the phraseology as some of the terms I have used are specific to PIP.

The major exception 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.

Gordon

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

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6 years 5 months ago #200167 by David
Replied by David on topic ESA moving around
Gordon, you do such an amazing job I hated to query you. I do try and read every post so I have your back :)

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