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ESA vs DLA mobility descriptor advice

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12 years 9 months ago - 12 years 9 months ago #84675 by Doris
ESA vs DLA mobility descriptor advice was created by Doris
I'm filling out my ESA50 using the B&W guide, but am unsure on the following :

On my DLA form I have walking distance and speed set at 0 metres with the check boxes to describe walking speed left blank, I then use my own words to describe the variability of my walking speed and distance due to 'pain threshold'. However, on the ESA form I'm unsure whether to tick 'it varies' or '50 meters or less' in case it contradicts my DLA form.

My quandary is the DLA form allows pain to prevent walking, but the ESA uses a different descriptor.

I hope that makes sense.
Last edit: 12 years 9 months ago by slugsta.

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12 years 9 months ago #84696 by Gordon
Replied by Gordon on topic Re:ESA vs DLA mobility descriptor advice
Doris

Please have a look at the ESA claim guide for Physical problems, as this is explained in more detail, see

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

If the distance you can walk varies but is always less than 50m then you should tick the "50m or less" box.

If there are days when you can reasonably, without pain or exhaustion, walk more than 50m, and with a reasonable rest, could repeat this distance, then you should tick the "it varies" box, however, if any of the above mean that this is not true, then you should tick the "50m or less" box.

If you do tick the "it varies" box, then you will need to explain how it varies, as there is a danger that your assessors will asume that you do not meet the 50m requirement, which may be at odds with you DLA statements.

You also need to be aware that ESA tests your mobility not just your walking, again this is explained in more detail in the guide.

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

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12 years 9 months ago - 12 years 9 months ago #84831 by Doris
Replied by Doris on topic Re:ESA vs DLA mobility descriptor advice
Gordon wrote:

Doris

If you do tick the "it varies" box, then you will need to explain how it varies, as there is a danger that your assessors will asume that you do not meet the 50m requirement, which may be at odds with you DLA statements.

Gordon


Many thanks Gordon. I have looked very closely at the guides.

I was awarded HRM based on 'constant pain' walking any distance hence why I ticked zero meters/time on my DLA form . However, I had not stipulated any periods on the DLA form where I have to stop - only that my pain is constant and variable.

My concern with the ESA form is if the DM decides to compare that with my DLA application, they will view 'it varies' on the ESA50 has a discrepancy to zero meters on the DLA form, and perhaps not take the additional information contained in the DLA mobility section that explains why its zero meters.

In brief summary, I / we both know mobility descriptors are different for ESA and DLA. But I'm trying to cut down the risk of a DM viewing one form opposing the other. :)
Last edit: 12 years 9 months ago by slugsta.

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