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Esa50 Form

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11 years 1 week ago - 11 years 1 week ago #102247 by wispafish
Esa50 Form was created by wispafish
I've got my appeal coming up on the next few weeks and am wondering something. When i filled out my esa50 form it gives you the choice of No, Yes or It varies. When ive ticked it vaires ive put an explanation as to why. I've been given no points every time i've done this. Does that mean that you would have only got points if you tick yes?
If this is the case how can i persuade a tribunal panel that i meet these descriptors.
Thanks
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago - 11 years 1 week ago #102259 by Gordon
Replied by Gordon on topic Esa50 Form

wispafish wrote: I've got my appeal coming up on the next few weeks and am wondering something. When i filled out my esa50 form it gives you the choice of No, Yes or It varies. When ive ticked it vaires ive put an explanation as to why. I've been given no points every time i've done this. Does that mean that you would have only got points if you tick yes?
If this is the case how can i persuade a tribunal panel that i meet these descriptors.
Thanks


No, "it varies" means that sometimes you can do something and sometimes you cannot.

What you need to provide the Tribunal , if you have not already done this, are examples of your limitations.

As an example; for the majority of the time, four days out of 7, I cannot walk more than 100m due to significant discomfort and breathlessness, 2 days a week I cannot walk more than 50m due to significant pain and fatigue, one day a week I can walk more than 100m but not more then 200m, but in order for me to do this I need to rest for the day before and recover for two days after..."

Where possible you should include medical evidence that supports any limitations, so again as an example;

"my walking is limited by Rheumatoid Arthritis in my ankles, knees and hips which was diagnosed in 2001, see medical report from St. Thomas's Hospital dated 3 June 2001 (item 7 in appendix A)..."

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago - 11 years 1 week ago #102262 by wispafish
Replied by wispafish on topic Esa50 Form
Thanks i will do that. What gets me is why they have awarded no points every time i put it varies. Was it a case that the explanation wasnt good enough?
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago - 11 years 1 week ago #102269 by wispafish
Replied by wispafish on topic Esa50 Form
If i lose my tribunal i intend to reapply for esa straight away as ive been diagnosed with another condition whilst waiting for my tribunal.
Two questions
1. Should i let the tribunal know about this new condition?
2. If i reapply and get put on esa wrag will it be contribution based or income based?
Thanks
Last edit: 11 years 1 week ago by slugsta.

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11 years 1 week ago #102272 by Gordon
Replied by Gordon on topic Esa50 Form

wispafish wrote: Thanks i will do that. What gets me is why they have awarded no points every time i put it varies. Was it a case that the explanation wasnt good enough?


Without knowing what you put on your form it is impossible to say, but a common discussion on the forum revolves around safely, reliably and repeatedly, so you should discount your ability to carry out an activity which cannot be done to these limits and then discuss any variability.

So as example, if for the majority of the time you cannot mount or descend two steps, then your starting point should be that you cannot complete this task and not that it varies.

Gordon

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

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11 years 1 week ago - 11 years 1 week ago #102273 by slugsta
Replied by slugsta on topic Esa50 Form
The tribunal can only consider your condition as it was at the time of the original decision, they cannot take into account any changes since then.

If you were to reapply for ESA it would depend on your past NI contributions as to whether you could get contributary ESA. DWP would look at your contributions during the past 2 full tax years beofre the claim. NI credits gained whilst receiving IB, for instance, do not count towards this.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 week ago by slugsta. Reason: x post

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