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ESA Appeal
- ER59?
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12 years 3 months ago #78897 by ER59?
ESA Appeal was created by ER59?
I have received a letter saying I failed medical and fit to work following my medical in October with 6 points. Previous (1st) medical in 2010 was put in WRAG group. Nothing has improved in fact some symptoms have increased. It seems that my ability to walk distances is not challenged (much, but because my arms are ok, I could take myself to work in a wheelchair!!
I will of course appeal, and have plenty of issues to raise, such as my two operations and medical evidence not mentioned. However how do I challenge the wheelchair issue? I thought it was better to stay as mobile as possible, not to put myself in a wheelchair which should be a last resort.I would not be able to lift a wheelchair in and out of the car anyway, and am often too sedated to drive because of painlillers.
By the way I have a work pension so do not get ESA, they pay my pension credits etc. Since found out I have paid enough pension credits so could easily not bother appealing. I was concerned that ATOS used the same medical for my renewal of my DLA, although 6 different DWP staff have said it was different. I looked back at my DLA letter and they state that they have used information from my medical on .... to make their decision! This medical was the only one I ever had and was for ESA! ATOS will not pay for two medicals within a few months, so I need to appeal purely to challenge the medical as it will reflect negatively for my DLA renewal. What a lot of time, energy and stress,and appreciate any advice, but thought you might like to know about the crossover of information used by ATOS.
I will of course appeal, and have plenty of issues to raise, such as my two operations and medical evidence not mentioned. However how do I challenge the wheelchair issue? I thought it was better to stay as mobile as possible, not to put myself in a wheelchair which should be a last resort.I would not be able to lift a wheelchair in and out of the car anyway, and am often too sedated to drive because of painlillers.
By the way I have a work pension so do not get ESA, they pay my pension credits etc. Since found out I have paid enough pension credits so could easily not bother appealing. I was concerned that ATOS used the same medical for my renewal of my DLA, although 6 different DWP staff have said it was different. I looked back at my DLA letter and they state that they have used information from my medical on .... to make their decision! This medical was the only one I ever had and was for ESA! ATOS will not pay for two medicals within a few months, so I need to appeal purely to challenge the medical as it will reflect negatively for my DLA renewal. What a lot of time, energy and stress,and appreciate any advice, but thought you might like to know about the crossover of information used by ATOS.
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- Gordon
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12 years 3 months ago #78902 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Appeal
Elsie
With regard to the Mobilising test, there is still no case law in this area, so we can only use the words and phrases written in the legislation as guidance. If you are saying that you could propel a manual wheelchair 200m with out problem, then you fail the test.
The test only concerns itself with your ability to walk or propel a wheelchair over a distance, any other difficulties you might have with the use of a wheelchair are outside the scope of the test.
With regard to your DLA, the mobility test, concerns walking and does not make use of a wheelchair in any form what so ever. So if you are unable walk 50m, then there should be no reason to challenge any existing allowance.
Hope this explains it.
Gordon
With regard to the Mobilising test, there is still no case law in this area, so we can only use the words and phrases written in the legislation as guidance. If you are saying that you could propel a manual wheelchair 200m with out problem, then you fail the test.
The test only concerns itself with your ability to walk or propel a wheelchair over a distance, any other difficulties you might have with the use of a wheelchair are outside the scope of the test.
With regard to your DLA, the mobility test, concerns walking and does not make use of a wheelchair in any form what so ever. So if you are unable walk 50m, then there should be no reason to challenge any existing allowance.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ER59?
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12 years 3 months ago #78906 by ER59?
Replied by ER59? on topic Re:ESA Appeal
Thank you. I have had surgery on both my shoulders in the past, but did not say that they caused a problem with dressing etc as they don't. I didn't know that I would need my arms to propel a wheelchair 200 yds as that is another matter! I will have to raise this as an issue.
I do not get mobility component but middle grade DLA with help for washing/ dressing lower half etc as I cannot bend. I thought about appealing but was grateful for what I had been given and didn't want to rock the boat!
The medical omitted so much evidence, and the rest was so incorrect, I feel that if it is used for renewal that I might lose out what DLA I have. I need to appeal to challenge the information that was either not used or incorrect for future reference. I used your website and was successful in claiming DLA, and will continue to do so as I don't want to risk losing it!
I do not get mobility component but middle grade DLA with help for washing/ dressing lower half etc as I cannot bend. I thought about appealing but was grateful for what I had been given and didn't want to rock the boat!
The medical omitted so much evidence, and the rest was so incorrect, I feel that if it is used for renewal that I might lose out what DLA I have. I need to appeal to challenge the information that was either not used or incorrect for future reference. I used your website and was successful in claiming DLA, and will continue to do so as I don't want to risk losing it!
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