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ESA CLAIM turned DOWN

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7 years 7 months ago #166344 by slugsta
Replied by slugsta on topic ESA CLAIM turned DOWN
Let's hope that you are pleasantly surprised by the decision and don't need the appeal info after all!

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The following user(s) said Thank You: SandR

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7 years 4 months ago #172796 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi
After an 11 week wait (apparently my request for an MR was accidently put in a holding file), I have finally received the letter informing me that the original decision has been upheld i.e. I am 'fit to work'.

Using information provided by Gordon and Mrs Hurtyback, I now intend to appeal using form SSCS1.

I have OA of the hips and spine which has drastically worsened since the assessment. I have recently completed a course of physiotherapy. The physio thinks I have spondylolisthesis and has referred me back to my GP. I sent a copy of the referral to the DWP. As it did not provide evidence of functionality I assume it was not considered. The GP has referred me for an MRI scan. This condition was present at the assessment but I could only tell the assessor that I had lower back pain as I had not received a diagnosis. If this condition is confirmed, will I be able to submit the MRI scan report as evidence?
Many thanks

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7 years 4 months ago #172807 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN

SandR wrote: If this condition is confirmed, will I be able to submit the MRI scan report as evidence?
Many thanks


Yes you can.

If you are hoping to score for the Moving Around activity then you also need to explain why you cannot self-propel a manual wheelchair as well.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SandR

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7 years 4 months ago #172814 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi Gordon

Thank you for your reply. I did not consider the wheelchair aspect.
I use one walking stick for support, although I should use two. The pressure of using a stick in my right hand causes a lot of pain in my shoulder and neck. I have cervical spondylosis in the neck and any pressure on my right hand, arm and neck, causes pain and triggers headaches which means I cannot use a second stick in my right hand. I also have spondylosis in the thoracic spine. It would be too painful to operate a manual wheelchair. Will this be what they need to know?
Thank you

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7 years 4 months ago #172816 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN

SandR wrote: Hi Gordon

Thank you for your reply. I did not consider the wheelchair aspect.
I use one walking stick for support, although I should use two. The pressure of using a stick in my right hand causes a lot of pain in my shoulder and neck. I have cervical spondylosis in the neck and any pressure on my right hand, arm and neck, causes pain and triggers headaches which means I cannot use a second stick in my right hand. I also have spondylosis in the thoracic spine. It would be too painful to operate a manual wheelchair. Will this be what they need to know?
Thank you


They will assume you are capable so you need to explain why you cannot use a wheelchair, problems with your hands, arms and upper body would be consistent with you being unable to do so.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SandR

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7 years 4 months ago #172839 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi
I am in the process of completing the SSCS1 form and have a question. In section 5, which asks for the reasons for appealing. Do I include a brief summary of why I am appealing for each point and then include more detailed information for each point after I receive the appeal bundle or do I provide detailed information with the SSCS1? I am a little confused by the guides (probably me, not the guides, I am not concentrating very well at the moment)

Also, my claim is ESA CB which is only payable for 365 days. As I will be requesting that ESA assessment rate be reinstated whilst waiting for my appeal, will the time I have been claiming JSA be included in this? If yes, will my ESA CB assessment rate end approx. May 2017 even if my appeal has not been heard by then?. I am not entitled to ESA IB as my husband works full time and I receive an NHS ill health retirement pension (which doesn't affect my ESA but does affect my JSA).
Thank you.

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