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ESA Advise please
- emma
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12 years 9 months ago - 12 years 9 months ago #85630 by emma
ESA Advise please was created by emma
Hello everyone i'm a newbee on here in desperate need of advice.
I hav been claiming esa since last august due to having degenerative disc disease i'm 37 and lost my job due to capability,on the 4th of this month i attended a medical with atos and on tuesday had a letter saying i have been placed into a work related activity group i am confused about this as i get high rate mobility Dla for not being able to mobilise for 50 metres without extreme pain and discomfort,i was awarded this in febuary and telephoned esa to tell them and told the nurse at my medical the same.
My question is would it be worth me asking for the decision to be looked at again as i had the understanding that gave me 15 points straight away....i'm so confused and would really appreciate any advise
I hav been claiming esa since last august due to having degenerative disc disease i'm 37 and lost my job due to capability,on the 4th of this month i attended a medical with atos and on tuesday had a letter saying i have been placed into a work related activity group i am confused about this as i get high rate mobility Dla for not being able to mobilise for 50 metres without extreme pain and discomfort,i was awarded this in febuary and telephoned esa to tell them and told the nurse at my medical the same.
My question is would it be worth me asking for the decision to be looked at again as i had the understanding that gave me 15 points straight away....i'm so confused and would really appreciate any advise
Last edit: 12 years 9 months ago by slugsta.
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- slugsta
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12 years 9 months ago #85637 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA Advise please
Hi Emma,
The ESA descrptor differs slightly from the DLA criterion. Whilst DLA talks about 'walking', ESA uses the word 'mobilise'. The HCP and/or decision maker are allowed to decide whether they think you would be able to use a self-propelled whelchair for 50 metres on the flat, if they decide that you could then you are assessed as having no problems with mobilisation.
If you wish to appeal this decision, you would also have to show that you would not be able to self-propell a wheelchair due to your condition/s
The ESA descrptor differs slightly from the DLA criterion. Whilst DLA talks about 'walking', ESA uses the word 'mobilise'. The HCP and/or decision maker are allowed to decide whether they think you would be able to use a self-propelled whelchair for 50 metres on the flat, if they decide that you could then you are assessed as having no problems with mobilisation.
If you wish to appeal this decision, you would also have to show that you would not be able to self-propell a wheelchair due to your condition/s
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- emma
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12 years 9 months ago - 12 years 9 months ago #85644 by emma
Replied by emma on topic Re:ESA Advise please
Thank you very much for your reply,i am so worried i am going to be forced into work when on most days i can barely walk,i lost my last job due to not being able to work reduced hours each shift being reduced to 4hrs with no manual handling of any type,my husband currently helps me to dress the bottom part of me as i am unable to bend,twist.
My gp still state's i'm unfit to work can dwp decision over ride my gp's opinion?
My gp still state's i'm unfit to work can dwp decision over ride my gp's opinion?
Last edit: 12 years 9 months ago by slugsta.
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12 years 9 months ago #85649 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA Advise please
Yes, the DWP are able to over-ride your GP's advice. Their argument is that GPs are not experts in occupational health or disability, whereas their HCPs are experts (on the basis of a few days training).
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- shadowlight
12 years 9 months ago - 12 years 9 months ago #85652 by shadowlight
Replied by shadowlight on topic Re:ESA Advise please
I'm not sure if this would help, but would you be able to get a statement from your last employer explaining that even with reduced hours you were struggling and that in the end you had to leave?
I know it's not medical evidence, but from what I have heard other relevant evidence can be used and to me a statement from an ex-employer explaining that even with adjustments a person could not work seems relevant
I know it's not medical evidence, but from what I have heard other relevant evidence can be used and to me a statement from an ex-employer explaining that even with adjustments a person could not work seems relevant
Last edit: 12 years 9 months ago by slugsta.
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- Gordon
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12 years 9 months ago #85657 by Gordon
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Replied by Gordon on topic Re:ESA Advise please
Emma
Just to add to the above comments, while you remain entitled to ESA, even if this is while you are in the WRAG, you cannot be required to work or even to seek work.
Gordon
Just to add to the above comments, while you remain entitled to ESA, even if this is while you are in the WRAG, you cannot be required to work or even to seek work.
Gordon
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