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Tribunal results

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5 years 7 months ago #216902 by MissK
Replied by MissK on topic Tribunal results
I have today recieved a letter from the court, it says the appeal is allowed, Mrs ....has limited capabilty for work the matter is now remitted to the scretary of state to make afinal decision upon entitlement to ESA
15 points were scored from the activities descriptors
It says I cannot mobilise more than 100 meters , when I repeatedlt told them there was no way I could do more than 50, for that I got 9 points

Standing and sitting, for more than an hour again now way can I sit or stand for an hour, for that I got 6 points

Mrs ... is significantly limited, in particular walking standing and sitting, as aresult the above descriptors are satisfied,

The tribunal also recommends Mrs ... does not be reassessed for 24 months

All very confusing could you maybe explain

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5 years 7 months ago #216915 by Gordon
Replied by Gordon on topic Tribunal results
MissK

So the final Decision by the DWP is to see whether your WRAG award is payable and if it is at what rate.

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 Standing and Sitting test is about your ability to remain at a workstation, you can stand or sit as you wish and need to, the "clock" only stops when you have to move away from the workstation due to pain.

I'm afraid the two-year recommendation is no more than that, the DWP can reassess you as they will.

Gordon

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

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