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ESA Moving around Descriptors

  • SoulMan
  • Topic Author
12 years 5 months ago #92101 by SoulMan
ESA Moving around Descriptors was created by SoulMan
Hi

I have just signed up to this site and hoping its worth the money, I have just read the ESA guides in the members section which where very helpful but I have some more questions.

I had perthes disease in my hip as a child and it has gradually got worse as I have got older however i was involved in a car accident a few months ago which severely exacerbated my condition.

I claimed ESA before the accident and I have just received a new ESA50 form.

I am confused about the moving around part using aids and a wheel chair.

I am unable to weight bear on my effected leg and I have to use either crutches to swing through or use a wheel chair. The problem is that while I can propel a wheel chair by my self I can not physically get in or out of a wheel chair without help from another person. I also need help from somebody if I am sitting down and want to get up to use the crutches, I can swing through on crutches unaided but this means I have to lift my effected leg off the ground to do so,which is extremely painful just to hold it up off the ground.

If I attend a medical examination in a wheel chair what is to stop them simply putting “arrived in a wheel chair can propel wheel chair 200 meters”? This may be true but I don't have somebody with me all the time to be able to help me in and out of the chair. My partner has a full time job. It sounds slightly contradictory saying its not reasonable for me to use a wheel chair yet I attend the medical actually in a wheel chair.

The descriptor says " Mobilising unaided" If i need physical help to get into the aid, surely this is not mobilizing unaided?

What is the best way to phrase this problem to make it as clear as possible for these people?.

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  • bro58
12 years 5 months ago #92102 by bro58
Replied by bro58 on topic Re:ESA Moving around Descriptors
SoulMan wrote:

Hi

I have just signed up to this site and hoping its worth the money, I have just read the ESA guides in the members section which where very helpful but I have some more questions.

I had perthes disease in my hip as a child and it has gradually got worse as I have got older however i was involved in a car accident a few months ago which severely exacerbated my condition.

I claimed ESA before the accident and I have just received a new ESA50 form.

I am confused about the moving around part using aids and a wheel chair.

I am unable to weight bear on my effected leg and I have to use either crutches to swing through or use a wheel chair. The problem is that while I can propel a wheel chair by my self I can not physically get in or out of a wheel chair without help from another person. I also need help from somebody if I am sitting down and want to get up to use the crutches, I can swing through on crutches unaided but this means I have to lift my effected leg off the ground to do so,which is extremely painful just to hold it up off the ground.

If I attend a medical examination in a wheel chair what is to stop them simply putting “arrived in a wheel chair can propel wheel chair 200 meters”? This may be true but I don't have somebody with me all the time to be able to help me in and out of the chair. My partner has a full time job. It sounds slightly contradictory saying its not reasonable for me to use a wheel chair yet I attend the medical actually in a wheel chair.

The descriptor says " Mobilising unaided" If i need physical help to get into the aid, surely this is not mobilizing unaided?

What is the best way to phrase this problem to make it as clear as possible for these people?.


Hi SM,

This is where the "Standing and Sitting" descriptors may pertain to your limitations, i.e. ;

"Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person."

See this thread also :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=92016#92016

bro58

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  • SoulMan
  • Topic Author
12 years 5 months ago - 12 years 5 months ago #92108 by SoulMan
Replied by SoulMan on topic Re:ESA Moving around Descriptors
Thank you bro58

I did spot that descriptor also which i should qualify for as well but i was just wondering if i had a valid argument for the wheelchair also because i know just how unreasonable and uncompassionate these people can be from past experiences,i figure the more information i put down the better.


I think i should really just focus on that descriptor as it will place me in the support group.

My last experience with these people was a nightmare and i have only recently just won a previous appeal only to have another ESA50 drop onto my door mat a few months later.

Assuming i have to attend another medical examination which i will do in a wheel chair, If they are to say that i am able to move from one seated position to another will they have to give an explanation for this?

Do you know know of any similar cases to mine where people have won based on this descriptor? Some peace of mind would be extremely grateful at the moment.
Last edit: 12 years 5 months ago by slugsta.

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  • bro58
12 years 5 months ago #92110 by bro58
Replied by bro58 on topic Re:ESA Moving around Descriptors
SoulMan wrote:

Thank you bro58

I did spot that descriptor also which i should qualify for as well but i was just wondering if i had a valid argument for the wheelchair also because i know just how unreasonable and uncompassionate these people can be from past experiences,i figure the more information i put down the better.


I think i should really just focus on that descriptor as it will place me in the support group.

My last experience with these people was a nightmare and i have only recently just won a previous appeal only to have another ESA50 drop onto my door mat a few months later.

Assuming i have to attend another medical examination which i will do in a wheel chair, If they are to say that i am able to move from one seated position to another will they have to give an explanation for this?

Do you know know of any similar cases to mine where people have won based on this descriptor? Some peace of mind would be extremely grateful at the moment.


Hi SM,

Obviously if you need such assistance, then you will have a companion with you to assist, so this should be self evident.

The HCP is supposed to justify any "Assumptions" made from observations.

I am afraid that members rarely have details of how or why they actually qualify for either group.

I am sure that if one of them has, they will respond to your query.

It may help you to prepare, by viewing :

ESA Medical – What to expect

You should also read the relevant sections of The WCA Handbook, which is the 7th link down this page :

ESA Guides

bro58

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More
12 years 5 months ago #92111 by Gordon
Replied by Gordon on topic Re:ESA Moving around Descriptors
SoulMan wrote:

Thank you bro58
I think i should really just focus on that descriptor as it will place me in the support group.

I would sound a note of warning in your concentrating you efforts on one descriptor, the danger in you doing this that you no only fail to meet the requirements for the Support Group, but you also fail to qualify for the WRAG.

Clearly, there will always be one or two descriptors which a claimant most closely matches to, but that does not mean you should ignore the others, remember there are limited way to found eligible for the Support Group, there are a lot more ways to be placed in the WRAG.

Gordon

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

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