ESA Refused (Again)

Hi Gordon,

It's about 15 months since I last posted on the topic of "ESA Refused". As a consequence I had to return to JSA and stayed with that until October '17 when I received a Med 3 'you are not fit for work" 6 month fit note from my doctor, and was required to sign off JSA. I then claimed Universal Credit.

I completed a UC50 questionnaire and attended my WCA in the beginning of February this year. About a week ago I submitted another 6 month Med 3 'you are not fit for work' and yesterday received my WCA decision. Based on previous experience it came as no surprise to find that I have been awarded 0 points across the board.

Among a number of points in the letter which I will no doubt have to address, one particularly stands out, "During the examination, the Healthcare Professional has confirmed that Mr. X walked 25 metres normally to the examination room". I wonder what their definition of 'normal' is given that I used two walking sticks and traveled at a very slow pace. In my opinion anything but normal, and just the sort of description that would likely give someone a completely false impression of what occurred.

Another example, perhaps due to a misunderstanding at the WCA, is one of an alleged 'typical day', stating that, "Mr. X walks for long periods (e.g. 1 hour to the Jobcentre) without stopping using his rollator". I leave 1 and a half hours to get there safely with stopping/sitting/resting as necessary. As for 'typical', in the past I went to the jobcentre once every 2 weeks and nowadays have mostly telephone interviews due to my health condition.

In any case I will have to request a full report and have a Mandatory Reconsideration, possibly, or more likely probably, resulting in an appeal to a Tribunal.

I am happy to have resubcribed to Benefits and Work and look forward to any comments you may have.

More anon.

Regards,

Larry

Gordon,

With respect to the wheelchair aspect, last year I had a home assessment which rejected the issuance of a wheelchair on logistic grounds (9 flights of stairs and no lift, with nowhere to store in at ground level) and no provision of NHS wheelchairs at the workplace permitted.

The decision doesn't actually mention a wheelchair, (Mobilising and Standing and Sitting section) "The evidence indicates that he would be able to mobilise at least 200 metres reliably and repeatedly without stopping and would be able to mount or descend two steps. He would be able to to stay in one area for at least an hour by alternating between sitting and standing. I have therefore awarded no points for these descriptors."

Interestingly with regard to 200 metres and the distance to the jobcentre., in the past when I claimed under the '50 yard rule" I was told that a NHS wheelchair at the workplace would solve it, (hence 0 points). The distance to my local shops is much further than 200 yards. In this claim i have indicated my distance without stopping etc., is variable. Any total distance traveled would be made up multiple 200 yards instances, whether to shops or jobcentre and would of course exceed the 200 yard test in virtually all cases of traveling outside my home.

Of concern is the following assertion: "On a typical day, Mr. X walks for long periods (e.g. 1 hour to the Jobcentre) without stopping using his rollator...". My typical day is spent indoors with 2 or 3 trips to the local shops per week. Traveling with my rollator stopping every so often (variable within 200 yards generally) due to the effects of asthma, arthritis and balance difficulties. Using pain medication before leaving the house and boosting it sometime when out.

I have been in contact with Universal Credit and they are sending a full report regarding the MWA.

Will keep you posted.

Larry

Gordon,

I appreciate your replies. Thanks a lot

I have taken a good look at the members only guide regarding the claim and will be reading the appeals guide at another time.

It appears that under the variable distance I should be given some points. I typically suffer from significant discomfort within 200 yards, sometimes less than 50 yards, requiring me to stop and wait for the problem(s) to wear off.. This is caused by a range of issues: Sudden short lasting or prolonged arthritic/muscular pains in feet, legs or hands. e.g. sometimes having to stop due to arthritic pain caused by pushing/leaning on the handles of my rollator. Other times abdominal pains. Medication helps blunt the lower level discomfort but cannot overcome acute pain. I use codeine/paracetamol every journey and increasingly Ibuprofen
in addition.

Other limiting aspects are breathlessness from asthma and loss of balance again during 200 yards etc. requiring me to stop. Mobilising safely and repeatedly without rollator or walking sticks in not possible in an outdoor environment and is extremely limited indoors when not at home.

On a different note I am medically recognized as having Chronic Fatigue Syndrome. Although during the MWA I communicated the daily debilitating effects this has in general and work related areas, this is not mentioned at all in the decision. I will have to check the full MWA report.

Larry