Representatives at an ESA Tribunal.

In June 2012, my wife was put into WRAG without a medical when she was moved from IB to ESA and since we have savings that means that she will only get ESA for one year.

As my wife cannot mobilise 50 meters we immediately appealed and we received copies of the ESA85A with the medical report. - The problem seems to be that her GP's report to ATOS, (on the ESA85A), was limited and it did not specifically answer the mobility distance questions as her GP just stated that "her mobility is restricted due to her back and leg pain as a consequence of a heavy job and that clinically she is stable".

The ATOS nurse then appeared to have used this lack of detail from the GP to assess that she could mobilise and we asked her GP for a letter with more details and in response to our request for more detail her GP then sent letter which stated that "Further to my previous report for my patient I can confirm that Mrs. X has extreme limitations in her mobility" and went onto say "Her generally mobility is poor and she uses walking aids in the form of a stick to walk from the waiting room to the consulting room".

She has been ill for over 15 years and she has been assessed many times by ATOS doctors and she has been awarded the higher rate mobility component of DLA and the middle rate care component of DLA for life. - (Yes, we know about the proposed PIP changes).

She needs help when she goes out because she needs to used a power operated scooter to move around and she cannot lift it or set it up. - (She does not need to use the power operated scooter when she visits the GP because the distance from the car to the GP consulting room is less than 40 feet and there is a seated stop between).

The upshot is that we a now near the Tribunal Stage and we have just discovered that the DWP, (in the papers that they have sent to the tribunal), had decided that the follow up GP letter still does not mean that she qualifies for the support group.

All of this without a medical.

It says in the guides that you are better off with proper representation at the tribunal: however, since we have savings she would not qualify for legal aid and most of the free avenues for representation appear are blocked and we cannot find a specialist that we can pay to represent her at the tribunal.

Does anyone know of a lawyer or other ESA expert, (within range of Manchester), who fully understands ESA and who can represent her an ESA tribunal?

It is ridiculous that this can happen with just a desk top medical assessment from a nurse.

Fido wrote: In June 2012, my wife was put into WRAG without a medical when she was moved from IB to ESA and since we have savings that means that she will only get ESA for one year.

As my wife cannot mobilise 50 meters we immediately appealed and we received copies of the ESA85A with the medical report. - The problem seems to be that her GP's report to ATOS, (on the ESA85A), was limited and it did not specifically answer the mobility distance questions as her GP just stated that "her mobility is restricted due to her back and leg pain as a consequence of a heavy job and that clinically she is stable".

The ATOS nurse then appeared to have used this lack of detail from the GP to assess that she could mobilise and we asked her GP for a letter with more details and in response to our request for more detail her GP then sent letter which stated that "Further to my previous report for my patient I can confirm that Mrs. X has extreme limitations in her mobility" and went onto say "Her generally mobility is poor and she uses walking aids in the form of a stick to walk from the waiting room to the consulting room".

She has been ill for over 15 years and she has been assessed many times by ATOS doctors and she has been awarded the higher rate mobility component of DLA and the middle rate care component of DLA for life. - (Yes, we know about the proposed PIP changes).

She needs help when she goes out because she needs to used a power operated scooter to move around and she cannot lift it or set it up. - (She does not need to use the power operated scooter when she visits the GP because the distance from the car to the GP consulting room is less than 40 feet and there is a seated stop between).

The upshot is that we a now near the Tribunal Stage and we have just discovered that the DWP, (in the papers that they have sent to the tribunal), had decided that the follow up GP letter still does not mean that she qualifies for the support group.

All of this without a medical.

It says in the guides that you are better off with proper representation at the tribunal: however, since we have savings she would not qualify for legal aid and most of the free avenues for representation appear are blocked and we cannot find a specialist that we can pay to represent her at the tribunal.

Does anyone know of a lawyer or other ESA expert, (within range of Manchester), who fully understands ESA and who can represent her an ESA tribunal?

It is ridiculous that this can happen with just a desk top medical assessment from a nurse.

Hi F,

You could try : legaladviserfinder.justice.gov.uk/AdviserSearch.do

Which is the second link on our : Where to get advice? FAQ.

Failing that, you could try putting Welfare Rights/ Advice and your Town/Postcode into your Internet search engine.

bro58

Mod Edit : Sorry G didn't see your tag on the post.

Fido
I was in a similar situation recently, but have managed to avoid tribunal as my appeal went in my favour at reconsideration stage. This was largely due to the intervention of the JC+ work focused interview adviser, who on seeing me face to face realised how inappropriate it was for me to be in WRAG. Has your wife had WFI? that could be a source of help.

I also have a wheelchair that I am not able to manage on my own.

I wasted time trying to find a representative, as welfare rights where I live are overwhelmed, and also only provide advice free to certain income groups, and I wasn't included. A welfare rights solicitor wanted £180 an hour. This would mount up as letter writing, preparing a case file etc would soon add up to more than I could afford.

After I had panicked for a few weeks, Knowing that it was me and my gofer, ( husband) against the world. (with the help pf our new best friends at B&W of course). i worked through the evidence I could get. Like you my GP was not able to provide any more than factual evidence. I accessed my medical records to find evidence that my conditions were long term, and degenerative. There was also some useful copies of past assessments from DLA.I used these to argue that as the conditions were degenerative, and I was not able to mobilise 50 metres 15 years ago it was logical that I could not do so now. I used records of membership from my local shop mobility service and the details of times I hired their electric scooters or wheelchairs. This was used to show that although I had a manual wheelchair I couldn't use it without help. Why would I hire power chairs if I didn't need them? Perhaps your wife has details of purchase record or service record for her mobility scooter that could be used to argue her case? Another thing that helped was a letter from gofer explaining how my impairments impact on me and ultimately on him too as he has to assist me in mobilising.

Sorry if I have rambled on. I honestly believe that by keeping calm, and using the advice of moderators and the excellent guides provided to members it is possible for many of us to achieve the correct award without the need for a representative.

Best of luck

PC