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Thread: Mentioning steps to esa

  1. #1
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    Mentioning steps to esa

    Hey, currently pending MR for esa,

    Got 0 for mobilising due to them assuming I can use a wheelchair, will it be beneficial to tell them there are 3 steps outside my front door meaning i wont be able to get in or out using a wheelchair?

    Thanks,

    Also I have already sent in a statement for MR, shall i sent in further mentioning this or can I mention it over the phone or shall I do both?

    Thanks again.

    X

  2. #2
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    Quote Originally Posted by Velvet View Post
    Hey, currently pending MR for esa,

    Got 0 for mobilising due to them assuming I can use a wheelchair, will it be beneficial to tell them there are 3 steps outside my front door meaning i wont be able to get in or out using a wheelchair?

    Thanks,

    Also I have already sent in a statement for MR, shall i sent in further mentioning this or can I mention it over the phone or shall I do both?

    Thanks again.

    X
    Have you received the decision notice yet, which may also tell you the date that your ESA was paid up till, ?

    Best bet is to wait for that, whilst you are waiting for that to arrive, contact your local CAB and ask to speak to one of their welfare advisers explaining your circumstances, they will arrange an appointment for you, some cab's also use GP's surgeries nearer to you, instead of their offices, Take any paperwork such as the ESA85 WCA report & MR decision notice with you, Also any letters or other evidence from your GP, /consultants regarding the medical conditions that you claimed ESA for,

    They CAB will usually take over running your case from there ,following you giving them consent to act on your behalf, so less stressful in the long run
    The MR can take several weeks before they will look at your case, My ESA stopped at the beginning of April ,I'm claiming JSA I'm still waiting for the decision so 4weeks up to now, iirc the previous MR took around two months from requesting it

    As for the steps ,mention them but on it's own it's a bit weak,
    They would likely argue that you are able to walk up the steps, This is how they work, You were at all possible need to counter them with other reasons why too were possible,

    like for Example having no where suitable to store the wheelchair, Or if you had to get out of the wheelchair to negotiate the steps, would you (A) have enough physical strength in your upper body to lift even a light weight wheelchair,( B), could you reasonable do so safely?

    Also if a ramp was installed (assuming the layout is suitable) and funding available would it be reasonable that you could then access your home with your wheelchair? as they would possibly throw the adaptations line in, They or a tribunal they can be quite thorough because they have to at least seen to be, the above are just Examples of the type of things they may look at, or that a tribunal panel may ask you
    Last edited by tom34; 07-05-16 at 04:23.

  3. #3
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    I had written a whole page covering nearly every aspect apart from the steps i believe, my only issue with a CAB is that I have exams and literally have no time to see them.

    Will saying I also have steps and will not be able to push myself up a ramp be helpful?

    They said if there was no space, then the wheelchair could be left at the workplace, which makes no sense as to how I will even travel there from my home.

  4. #4
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    I don't think they will take any notice of your house having steps as their consideration is about using a wheelchair in a place of work. It's only about whether or not you have the physical ability to use one, practicalities such as whether your home is adapted are not relevant. ESA is only about your illness/disability; other aspects such as your housing are not considered.

    Bear in mind that unless you are absolutely 100% housebound they will reason that you already manage to get up and down the steps any time you go out so logically if you can do this for other reasons, you can theoretically do it to get to a place of work and then use the wheelchair at work.
    Last edited by noisynoodle; 07-05-16 at 09:06.

  5. #5
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    Quote Originally Posted by noisynoodle View Post
    I don't think they will take any notice of your house having steps as their consideration is about using a wheelchair in a place of work. It's only about whether or not you have the physical ability to use one, practicalities such as whether your home is adapted are not relevant. ESA is only about your illness/disability; other aspects such as your housing are not considered.

    Bear in mind that unless you are absolutely 100% housebound they will reason that you already manage to get up and down the steps any time you go out so logically if you can do this for other reasons, you can theoretically do it to get to a place of work and then use the wheelchair at work.
    But if you are unable to mobilise any distance greater than 50-100-200mtrs as per the mobilising descriptor without aids, such as this wheelchair How do they expect someone to travel to the workplace ,? And what use to them is their aid being at the workplace , ? It would be the claimants commute where those aids would be required
    As not all are within those distances from the nearest bus stop or railway station, or do they think it is reasonable for someone to spend a large proportion of their wage on taxi fares? which would mean they are worse off working

    That is basic common sense and if it isn't part of what their consideration it should be, (just how did they get away with this tripe?) where the human rights lawyers asleep?
    If the DWP wishes to assess someone mobilising using a wheelchair then they should have to take the practicalities into account just like they have to take into account were someone has medical issues such as lower back conditions or problems with their shoulders, and other joints on their arms such as arthritis in one or both wrists which would be painful and take an unreasonable amount of time for them to mobilise the 200mtrs or more, You may be referred for a wheelchair assessment and they may say you can't use one properly,due to upper body medical issues, also what about upper body strength ?
    The assumptions made by the DWP are unfair and unjust and should be unlawful

    http://www.osscsc.gov.uk/Aspx/view.aspx?id=4245
    Last edited by tom34; 07-05-16 at 13:57.

  6. #6
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    I agree that it's all tripe and nonsense and very unfair, but that's the trouble with anything legalistic. It also tends to be pedantic...so their view is to say can this person propel a wheel chair? If the answer is yes, that's it and all about it from their perspective. I imagine if pressed on the matter of getting one into the house they'd just tell you to have a ramp put in or move house. Obviously if someone has upper body issues as well as lower limb problems then there may be a medical reason why they cannot self-propel a wheelchair and in that case wouldn't be expected to.
    Last edited by noisynoodle; 07-05-16 at 14:29.

  7. #7

    Snap

    I am in the same position as yourself and currently appealing. I scored 9 points on sitting and standing. They accepted that I can't sit for any period of time. Yet they think I can mobilise using a wheelchair.

    If I mobilised in a wheelchair over 100 meters I would be in serious "discomfort" and my leg would be numb, so I am arguing if I were to do this I would then be unable to get out of the chair unaided.

    I am also using the fact that I have never been advised that such a device would aid my recovery or has ever been suggested. in fact all medical advice has been to keep as active as possible.

    No idea if I will get anywhere.

  8. #8
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    Quote Originally Posted by Fujifilm View Post
    I am in the same position as yourself and currently appealing. I scored 9 points on sitting and standing. They accepted that I can't sit for any period of time. Yet they think I can mobilise using a wheelchair.

    If I mobilised in a wheelchair over 100 meters I would be in serious "discomfort" and my leg would be numb, so I am arguing if I were to do this I would then be unable to get out of the chair unaided.

    I am also using the fact that I have never been advised that such a device would aid my recovery or has ever been suggested. in fact all medical advice has been to keep as active as possible.

    No idea if I will get anywhere.
    This where a helpful GP comes into play, If they are prepared to say in a letter that they would not prescribe /refer you for a manual wheel chair because they don't feel it would be of any help and that due to your other conditions it wouldn't be reasonable to expect you to use one, always better coming from a GP or other health care professional like a consultant who has treated you

  9. #9
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    Quote Originally Posted by Fujifilm View Post
    I am in the same position as yourself and currently appealing. I scored 9 points on sitting and standing. They accepted that I can't sit for any period of time. Yet they think I can mobilise using a wheelchair.

    If I mobilised in a wheelchair over 100 meters I would be in serious "discomfort" and my leg would be numb, so I am arguing if I were to do this I would then be unable to get out of the chair unaided.

    I am also using the fact that I have never been advised that such a device would aid my recovery or has ever been suggested. in fact all medical advice has been to keep as active as possible.

    No idea if I will get anywhere.
    If you can get a letter from your GP saying that a wheelchair wouldn't be reasonable in your case and detailing why this would go a long way with them,

    IIRC at my last failed tribunal hearing the ex retired doctor, basically called me a liar, when my answer regarding the use of aids (continence pads) was that my GP when i enquired about them had told me that they were not suitable in my case, and would also have some impact my ability to mobilise , and that the only time that pads would be suitable would be if i was housebound,or bedridden, or had some problem which made mobilising very slow , They said your doctor wouldn't say that, This is what we are up against, even the tribunal service isn't as independent /neutral as they profess to be, they too have their own agenda it seems, But their paymaster is government after all

  10. #10
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    Fuji, I also have 9 points for sitting and standing, so we are literally in the same shoes.

    Have you submitted an MR? And if so how did that go?

    I went to my gp and ended up seeing a new doctor who wrote 'patient says so and so' and not 'i recommend so and so'

    I may go back and see a gp that ive seen before, I have also been told to try and stay as active as possible.

    Im currently in the MR process, recieved a text saying they will make a decision by 19.05.16 which is 2 weeks from date of text.

    Im just really tired from them and I dont know if ill be bothered to even go gp and ask for another letter as I always feel like im making them do me favours when I go.

    But hopefully ill convince myself if its worth it.

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