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TOPIC: ESA - mobility problems use of power chair ignored

ESA - mobility problems use of power chair ignored 5 years 11 months ago #72287

We have appealed husband’s placement in the WRAG. Reading through the comments of the returned paperwork it looks DWP have not taken into account the pain and fatigue he experiences regarding his mobility. They have disregarded that He even has use of a power chair funded by SSAFA requested by his GP to mobilise outside of the home.
I really don’t know how much more information they require to show he fulfils descriptor 1

Hubby has a compressed spinal cord and because he has undergone both an anterior discectomy and multi level cervical laminectomy the DWP presume incorrectly that he has been cured. The procedures were to halt further deterioration, the damaged caused to the spinal cord is permanent.

I am obviously very frustrated reading through the paper work as I believe he was put straight into the WRAG without a medical because he was recovering from his operation and due to have the second.

How can we persuade the DM at tribunal services about his mobility problems if DWP initially ignored that he uses a power chair?

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Re: ESA - mobility problems use of power chair ignored 5 years 11 months ago #72292

You say that he uses the power chair to mobilise out of the home. I'm reading that as meaning that indoors he doesn't use it. If he's using a manual chair indoors, could the DM be inferring from that that he can mobilise the relevant distance in a manual wheelchair?

Maybe if you could speak to your husband's GP or specialist and see whether they can supply a report that clarifies what the position is as regards his ability to mobilise in a manual wheelchair?

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Re: ESA - mobility problems use of power chair ignored 5 years 11 months ago #72301

Survivor wrote:

You say that he uses the power chair to mobilise out of the home. I'm reading that as meaning that indoors he doesn't use it. If he's using a manual chair indoors, could the DM be inferring from that that he can mobilise the relevant distance in a manual wheelchair?

Maybe if you could speak to your husband's GP or specialist and see whether they can supply a report that clarifies what the position is as regards his ability to mobilise in a manual wheelchair?



He uses his elbow crutches to mobilise around the home.

We put this information on the form he can mobalise about 30m before feeling pain/fatigue either using crutches or his manual chair. We went into detail informing them he does not have the range of movement or strength to propel it himself.

Just reading through it IMO the DWP have cherry picked the information they want to expand on and ignored chunks of extra paperwork supplied from consultants letters.

The DM has written that the procedures “would continue to improve his levels of mobility”, but the consultants letter says “As I have explained to you the aim of the operation is to prevent deteriorating and I can not guarantee that you will have a lot of improvement “

Consultant also say “Mr X is certainly quite disabled by it” (compressed cord) but DM brushes this off as “I respectfully submit this should not presume that LCWRA, or indeed LCW should be applicable”


Frustration is my middle name at the moment lol

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Re:ESA - mobility problems use of power chair ignored 5 years 11 months ago #72324

Hi J,

As well as the excellent advice given by Survivor.

You should consider that it may be wholly possible that the ATOS HCP, who carried out the paper (restricted medical) assessment, has not read or taken into account all the information that you provided, and indeed the same premise is possible with respect to the DM who made the decision.

If you are appealing for your husband to go into the support group,
the different DM who automatically reconsiders your case on appeal, will then have to go through all the evidence that you have previously provided, and indeed he may change the decision without having to take into account any fresh evidence, therefore avoiding the need for the lengthy appeals process.

Good luck

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: Noted OP had already appealed

Re: ESA - mobility problems use of power chair ignored 5 years 11 months ago #72332

Jellie wrote:

The DM has written that the procedures “would continue to improve his levels of mobility”, but the consultants letter says “As I have explained to you the aim of the operation is to prevent deteriorating and I can not guarantee that you will have a lot of improvement “

Consultant also say “Mr X is certainly quite disabled by it” (compressed cord) but DM brushes this off as “I respectfully submit this should not presume that LCWRA, or indeed LCW should be applicable”


If these are the type of submissions the DWP are sending to the Tribunals Service regarding ESA appeals, they are woefully inadequate.

Although obviously I haven't access to the full submission by the ESA decision maker, taken in isolation quite frankly it is totally subjective nonsense. Just on the extract provided, how could the ESA decision maker confirm WRAG status and then contend that it should not presume that LCW should be applicable? This is perverse and a contradiction in terms, as LCW is clearly referable to the WRAG. What the DM is actually saying is that the decision is (now) doubtful despite having been made from the outset, unless of course he is now inviting the tribunal to reconsider the award?

I suspect these decisions are uniformly knocked up by an appeal wizard and the DM simply fills in the gaps, but they should be more careful and factually correct where a claimant's benefit entitlement is under consideration.

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

Re:ESA - mobility problems use of power chair ignored 5 years 11 months ago #72340

I do believe that they are putting people into WRAG rather than looking at the supporting evidence. Then expecting the 'client' to appeal if not content with the group they are placed in. If no appeal is put forward it is a win win situation come 04.12 regarding contributions based ESA

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