Change in descriptors - any experience/challenge?

I wondered if anyone has had any experience of the new ESA points descriptors and in particular whether these are being LEGALLY challenged against the Health and Satefy at Work Act etc.

I was awarded ESA WRAG after what seems to be the normal fight with the DWP/Atos at Tribunal in April of this year. I am now having to go through the whole reassessment phase again, having been asked to attend another Atos medical, even though my condition has not changed (severe back problems which mean I have problems sitting down and standing).

I am aware (thanks to this excellent website) that there have been changes to the descriptors for sitting/bending which will mean that I will now not score enough points and I will suddenly be miraculously cured to be fit for work! I am therefore looking to put an appeal case together as I really dont understand how you can actually perform a job (such as working at a desk) based on their new descriptors.

Any thoughts or information would be most welcome.
Thanks

Sooszy wrote:

I wondered if anyone has had any experience of the new ESA points descriptors and in particular whether these are being LEGALLY challenged against the Health and Satefy at Work Act etc.

I was awarded ESA WRAG after what seems to be the normal fight with the DWP/Atos at Tribunal in April of this year. I am now having to go through the whole reassessment phase again, having been asked to attend another Atos medical, even though my condition has not changed (severe back problems which mean I have problems sitting down and standing).

I am aware (thanks to this excellent website) that there have been changes to the descriptors for sitting/bending which will mean that I will now not score enough points and I will suddenly be miraculously cured to be fit for work! I am therefore looking to put an appeal case together as I really dont understand how you can actually perform a job (such as working at a desk) based on their new descriptors.

Any thoughts or information would be most welcome.
Thanks

Hi S,

You say that you are aware of the change in the descriptors with regards to bending/kneeling, however you may still be able to pick up points with mobilising, moving from one seated position to another, and standing and sitting.

In the first instance I would suggest that you thoroughly read our guide on claiming ESA on physical health grounds from this link. (3rd link down) :


www.benefitsandwork.co.uk/help-for-claimants/esa

If you haven't seen the new ESA50 03/11 you can download it from this post. :

www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#70879

You could even start filling it in with the aid of our guides.

If you then have any further questions please come back to the forum.

cheers

bro58