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ESA Examination

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6 years 3 months ago #204151 by Pete
ESA Examination was created by Pete
Hi All went for the medical and ended up with 0 points.Will try to keep this short had my right leg crushed in 2005 and suffer with CRPS since 2006.Took my Meds with me as i am taking Opioids the Nurse did not go through them with me.Got on the exam bed checked everything apart from my right leg she walked away and i called her back to check my leg took one look and just said multiple operations without any proper examination .My pain varies and some days i cannot even get out of bed which i have put down but has been completely ignored.I received the decision makers letter telling me i was no longer entitled to ESA and 2 days later i received my P45.I will appeal but i just need help to do it correctly.Sorry to have gone on so much but i am very upset over everything.

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6 years 3 months ago #204163 by Gordon
Replied by Gordon on topic ESA Examination
Pete

You only mention one problem which seems to be in relation to the Moving Around activity. please 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.

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
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