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ESA Mandatory Reconsideration

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6 years 1 month ago #207537 by Trynn
Replied by Trynn on topic ESA Mandatory Reconsideration
On the ESA50 I said that it varies but I did not give time or distance.

So just so I understand if once every few weeks/once a month I can walk over 200m, but the rest of the time (typical day) I can not as I can't walk through the pain I would not meet the criteria?

Thank you on the point re standing and sitting

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6 years 1 month ago #207539 by Gordon
Replied by Gordon on topic ESA Mandatory Reconsideration
Theresa

I can only go on what you post just as the assessor can only go on what you wrote in your ESA50 and said at the assessment, you are not describing a situation for your walking where you should expect to score points.

To be clear, I am not saying that you should not score the points, just that you do not appear to be describing your problems in a way that would allow you to.

Gordon

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

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6 years 1 month ago #207542 by Trynn
Replied by Trynn on topic ESA Mandatory Reconsideration
hmm ok thank you, food for thought. I think its because I am trying to correct something I said in the interview.

Maybe I should just state that the HPC has incorrectly stated that on a typical day I can walk for 5 mins continuously and then stop for 2 min to go to the the GP. This is not the case, I can not repeatedly walk more than 200m without severe pain in my neck and down my spine, this severe discomfort forces me to stop and rest. As detailed in the ESA50 I completed after walking I need recuperation, most of this will be prone due to pain and exhaustion.

For the majority of the time when I need to go somewhere I am driven by my daughter. I can walk around a small supermarket with her pushing the trolley walking for 1-2 minutes and then stopping. If in a large supermarket I sit in the cafe and wait whilst she shops for me.

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6 years 1 month ago #207553 by Gordon
Replied by Gordon on topic ESA Mandatory Reconsideration
Theresa

As a general comment you seem to be concentrating on the distances you can walk, you need to offset this with the distances you would struggle to complete.

Gordon

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

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6 years 2 weeks ago #208402 by Trynn
Replied by Trynn on topic ESA Mandatory Reconsideration
Thank you for you help Gordon,

I submitted but it has unfortunately been declined so will need to look at submitting an appeal.

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6 years 2 weeks ago #208412 by Gordon
Replied by Gordon on topic ESA Mandatory Reconsideration

Theresa wrote: Thank you for you help Gordon,

I submitted but it has unfortunately been declined so will need to look at submitting an appeal.


The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guide to see how you might show this is the case.

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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