Fed up fighting for ESA

The descriptors: what the law says you score points for
2. Standing and sitting.
(a) Cannot move between one seated position and another seated position located next to
one another without receiving physical assistance from another person. 15 points
(b) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around) or;
(ii) sitting (even in an adjustable chair)
for more than 30 minutes, before needing to move away in order to avoid significant
discomfort or exhaustion. 9 points
(c) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around) or;
(ii) sitting (even in an adjustable chair)
for more than an hour before needing to move away in order to avoid significant discomfort
or exhaustion. 6 points
(d) None of the above apply. 0 points

Hi Gordon,
According to the ESA guide, it does mention adjustable chairs though it does not on the ESA50 questionairre (I believe) Also, a wheelchair would not come into it for me as I couldn't use one (sitting is one of my main problems)

Also the 'free to move around' at the workstation, according to the ESA guide seems a very grey area, DWP are not very clear on that in the guide and it then goes on to what the law would seem to assume so confusing there. For me personally, I cannot sit for more than about 10 minutes, I would then stand for about the same time (standing in same position is very painful even when shifting from leg to leg which Im not supposed to do anyway. In my last job, I alternated between the two but at least every 20-30 minutes I would have to walk to the loo, or around the factory to unstiffen my lumbar region. Didnt go down well with my boss after a while.

Anne

Hi Crazydiamond,
I am going to write to the DWP and tell them if they need to have my medical info they will need to obtain it, as they said they would.

Anne

The agency you're forwarded to by the CLA can be very hit and miss. I've had some that are very poorly informed and others that should be working has a Lawyer. It's not the intention of the agency or the individual you spoke with to give poor information. It's down to funding.

But getting back on topic. When I had a tribunal appeal, they paid the £50 to gather all my medical records. The panel deemed it was at their request and I should not be put of pocket.

Hello Doris,
From what I have heard about people having representation it does sound hit and miss, I agree.

I have written and told the DWP if they request medical records they will need to obtain them as I cannot afford them, if they don't I'll just explain the same to the tribunal as you said.

Anne