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ESA Mandatory Reconsideration

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6 years 1 month ago #207408 by Trynn
ESA Mandatory Reconsideration was created by Trynn
I have had my ESA declined (last awarded it at tribunal for 18m). My daughter is preparing a Mandatory Reconsideration. In the medical report there are lots on inaccuracies, eg saying I wasn't wearing glasses (Never in my life left home with out them, said I was able to do some activities when infact I declined to do because of pain, saying that I travel to see siblings when I don't I rarely see them and if I do my daughter takes me by car.

Should my daughter list all of these errors and correct them?

I was in a mess on the day of the assessment and felt so anxious (Although the report does not state this, eg doesn't mention I burst in to tears as soon as I walked in the room) I did say that I was able to walk for 5 mins before resting and then keep going to get to the doctor. This is on the rare occasion and when I have a good day, I am in pain when I do that walking and then it takes me days to recover. The HCP comment is "she sees her GP walking 30 mins, stopping every 5 mins or so. She states that she walks about 5 mins continuously and stops for 2 mins"
I am not sure how I go about contesting this, any ideas?
Thanks in advance :-)

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6 years 1 month ago #207447 by Gordon
Replied by Gordon on topic ESA Mandatory Reconsideration
Theresa

Dealing with issues in the report can be important but doing so is not in itself going to lead to an award, this will only happen by your showing that you meet the criteria for one, so don't ignore the report but make it a secondary consideration and stick to areas of fact but even then ask yourself how does this help me score points, so as an example, does your wearing or not wearing glasses help you with this.

As to the walking, you don't actually state whether this is a reflection of your abilities or not? A Healthy person would cover about 450m in 5 minutes of uninterrupted walking and a person walking very slowly would still cover some 150m. Also, ESA is not a walking test, your ability to self-propel a manual wheelchair is also being considered, whether you use one or not.

See the ESA Claim guides for more details.

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

Gordon

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

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6 years 1 month ago #207452 by Trynn
Replied by Trynn on topic ESA Mandatory Reconsideration
Thanks Gordon. will bear that in mind with dealing with issues in the report.

With regard to the walking I am a slow walker but would say that the 5 mins walking would put me over the 200m mark. and I can repeat this 6/7 times when walking to the doctors. This would be on a good day and I am in pain when doing this. Normally I can walk round a small supermarket for example but not repeatedly (my daughter takes me there) and then when in severs pain I do not leave the house and spend most of the time lying down.

They did not ask me about my ability to self propel a manual wheelchair I assume as I have upper body limitations and have been awarded 9 points for reaching.

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6 years 1 month ago #207470 by Gordon
Replied by Gordon on topic ESA Mandatory Reconsideration
Theresa

You seem to be ruling yourself out from scoring for Moving Around so where else, apart from the Picking Up and Moving Object did you expect to score?

Gordon

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6 years 1 month ago #207518 by Trynn
Replied by Trynn on topic ESA Mandatory Reconsideration
Hi Gordon,

Am I ruling myself out? I though they had to consider what I was like on most days? (Which I can't walk 200m) and even on good days when I can walk 200m I am in a lot of pain. Have I misunderstood the criteria?

In the assessment I said what I could walk on a good day and he didn't ask me further I realise that I should of pushed to explain what I can walk on most days but I flustered and was anxious.

I scored 9 points for reaching. I had previously been awarded 6 points for moving around, 6 points for coping with getting about on your own (Mental health), my condition has not changed and I expected to score these.

I also believe that I should score 6 points for standing and sitting (Although I was not awarded these points last time either)

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6 years 1 month ago #207532 by Gordon
Replied by Gordon on topic ESA Mandatory Reconsideration
Theresa

You said

"With regard to the walking I am a slow walker but would say that the 5 mins walking would put me over the 200m mark"

taken as is, then this would not score.

You are not required to walk pain free, the relevant ESA term is "significant discomfort", if your pain restricts the distance that you can walk then this should be the distance considered, however, your post suggests that you can still walk the 200m even though in pain! How did you describe your walking on the ESA50?

Be aware for Standing and Sitting, the clock runs whether you are standing or sitting or moving from one to the other, it only stops when you are forced to move away from the notional workstation.

Gordon

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