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Hello I’m new and need help

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6 years 4 months ago #201448 by Juddy20503
Hello I’m new and need help was created by Juddy20503
Hi, I’m hoping someone can help me.
I was in receipt of incapacity benefit and was awarded it indefinitely then it changed to ESA and I was sent for a medical every 3 years and for the past 2 medicals I was placed in the support group but in September I received a phone call a couple of weeks after my medical saying my money had stopped as I received 0 points.
I very nearly lost my life to TB meningitis in nov 2000 and this left me with weakness down my left side, unsteady gait speech and memory difficulties and severe headaches which were later diagnosed as secondary BIH an incurable brain disease which causes me to have visual disturbances, horrible headaches, confusion, dizziness and tinnitus. I also have IBS with incontinence, liver dis function, carpol tunnel osteoarthritis of the left knee with bone spurs and 2 cysts and anxiety with panic attacks.
The doctor that assessed me has told lies on the report and it is this that is the most upsetting part I really can’t understand why a medical professional would tell such lies.
I requested a mandatory reconsidering and that was the same result so now I have appealed and I’m going to tribunal.
I don’t know what to do as my neurologist is unsupportive and my doctor has just retired so my new doctor barely knows me so I don’t know how I could ask him for a letter of support as he doesn’t know me.
I attend pain clinic, muscular skeletal but have recently been to see a mental health nurse and she wants me to go for some therapy and also has referred me to occupational therapy, incontinence clinic, memory clinic and has asked my doctor to ask pain clinic to reassess my treatment as I’m not coping well with pain.
My head is all over the place at the moment I can’t think straight and I don’t know what to get for evidence to submit to tribunal or how to obtain evidence.
My husband has wrote to our MP and he is very supportive he’s also wrote a letter of complaint to the DWP about the medical assessments lies.
I’m going to see the doctor on Monday as the DWP have message my husband asking for a sick note so we have to go and get one, should I ask my doctor for anything else whilst I’m there?
My husbands friend is a consultant cardiologist and he’s said he can write a supportive letter if we need one as he see’s me personally in my own home and he knows better than any of my doctors what I struggle with daily, would this be of any help?
Any advice on what to do will be greatly appreciated

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6 years 4 months ago #201484 by Gordon
Replied by Gordon on topic Hello I’m new and need help
Juddy

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

Do you know how your qualified for the Support Group the last couple of times you were reassessed? Was it the Substantial Risk criteria? If it was then the DWP have issued new guidance on this in the last year and this may be why your claim has been unsuccessful this time.

AS to your GP and friend writing a letter for you, you need them to comment on the reasons why you should be in the SG.

The SG has very specific criteria so have a look at our ESA Claim guides for this, the ESA area also has information on appealing.

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

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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6 years 4 months ago #201605 by Juddy20503
Replied by Juddy20503 on topic Hello I’m new and need help
Hi, I don’t know the reason for being placed in the support group previously. I’ll have a look through the information. Thank you

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6 years 4 months ago #201624 by Gordon
Replied by Gordon on topic Hello I’m new and need help

Juddy20503 wrote: Hi, I don’t know the reason for being placed in the support group previously. I’ll have a look through the information. Thank you


So where did you expect to score this time?

Gordon

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

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6 years 4 months ago #201628 by Juddy20503
Replied by Juddy20503 on topic Hello I’m new and need help
I would expect to score maximum points for moving around as I can’t walk 50m without stopping due to pain I also need my husband assistance to walk. I expect to score points on moving from one place to another as I can’t get up out of a chair on my own.
I also should get points for incontinence, speech and making myself understood and routine changes.

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6 years 4 months ago #201640 by Gordon
Replied by Gordon on topic Hello I’m new and need help
Juddy

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.

Also the test is not whether you can stand from a seated position but whether you can move between one seated position and another seated position located next to one another.

Finally make sure that you have read the criteria for Continence activity it has six separate requirements, each of which need to be met in order to score points,

Gordon

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

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