ESA vent...

DarkFallout

celinepatricia wrote: »

What I was meaning was if you get 0 points on esa for walking it may result stopping dla higher rate.. why does that not equate to higher rate dla for mobility = 15 points on esa.
my husband would love to go back to his job but they dismissed him due to ill health and capability.. he is not work shy or a benefit fraud either!!

that is again irrelevant ... someone may work a highly physically demanding job and be dismissed on ill grounds ... it does not mean that he will score at ESA or will be awarded DLA ... most probably he will not score at ESA at all ... I will give you an example ... a postman may need to walk or cycle for miles ... he will be dismissed if can not do that ... but if he can walk 200m he will recieve no ESA or DLA ...

but if your husband can usually walk 50 yards ... yes that means benefit fraud in your case ...

bighec

Hi,
I'm afraid that they are 2 seperate tests, I think the way to look at ESA is that the dept doe snot doubt that someone has a medical condition. What the ESA test does is to assess a person to see if they have some capability to do work.
Previous post is also quite right as the test threshold is higher that Incapacity Benefit which it is designed to replace.
Hope this helps.

DarkFallout

bighec wrote: »

Hi,
I'm afraid that they are 2 seperate tests, I think the way to look at ESA is that the dept doe snot doubt that someone has a medical condition. What the ESA test does is to assess a person to see if they have some capability to do work.
Previous post is also quite right as the test threshold is higher that Incapacity Benefit which it is designed to replace.
Hope this helps.

ESA assesses day to day function and not having some medical condition. You may have MS and be bed-bound or have MS and be asympomatic. You may be with unidentified medical condition and almost not able to function.

On the basis of day to day function assessment they take decisions if you are capable or incapable of work and workrelated activity.

And yes the threshold appears to be quite high.

bighec

Hi,

If anyone has a query about the test I'd always advise folk to look at the regs which govern this benefit. The test is covered by schedule 2 which details the descriptors and the relevant level to get the points. Another other way to qualify is under regulation 29.
http://www.opsi.gov.uk/si/si2008/uksi_20080794_en_1 here's a link to the regulations.

celinepatricia

I have not put anywhere how far my husband can or cannot walk so i would be grateful if you would stop trying to make out he is a benefit fraud.. i must say i have never come across such judgemental people anywhere but on these boards (i dont mean everybody some people are very nice and helpful)

DarkFallout

celinepatricia wrote: »

I have not put anywhere how far my husband can or cannot walk so i would be grateful if you would stop trying to make out he is a benefit fraud.. i must say i have never come across such judgemental people anywhere but on these boards (i dont mean everybody some people are very nice and helpful)

tell us frankly how far can your husband usually walk and how he moves about the house and the garden ... to give you rough idea someone who moves about the house usually can walk about 200m ... 5 minutes quite slow walking are 200 m ... 50 yards is one minute walking at slow pace ... you are anonimous here ... it will shed a lot of light why he got 0 points on ESA descriptor for walking ...

so is your husband usually able to walk slowly for 1 minute ...

celinepatricia

we got a copy of the esa medical today.. all sorts of things wrong on it, completely different answers to the ones that were actually given, and i recorded it after all the compaints that ive read about on here.. the even got his occupation wrong, and, i dont think it is anything to do with you how far he can walk, judgefallout

healy

DLA higher rate mobility is not just about how far someone can walk.

When deciding whether you are virtually unable to walk the following factors will be taken into account-

The distance over which you can walk without experiencing severe discomfort

The speed at which you can walk

The length of time for which you can walk

The manner in which you can walk

This question is about walking out of doors, not in your home.

If you can only walk up to 30 yards without severe discomfort then you will qualify.

If you can only walk between 30 and 70 yards without severe discomfort then it is likely that you will qualify.

If you can walk more than seventy yards without severe discomfort then you will need to show that the other three factors mean that you are virtually unable to walk. For example, if you can show that it takes you five minutes to walk 100 metres, you should qualify.

It does not matter whether the severe discomfort occurs at the time of your walk or later. What counts is that the discomfort is a direct result of your attempt to walk.

Where you live or whether or not you work is not taken into account.

DarkFallout

healy wrote: »

DLA higher rate mobility is not just about how far someone can walk.

When deciding whether you are virtually unable to walk the following factors will be taken into account-

The distance over which you can walk without experiencing severe discomfort

The speed at which you can walk

The length of time for which you can walk

The manner in which you can walk

This question is about walking out of doors, not in your home.

If you can only walk up to 30 yards without severe discomfort then you will qualify.

If you can only walk between 30 and 70 yards without severe discomfort then it is likely that you will qualify.

If you can walk more than seventy yards without severe discomfort then you will need to show that the other three factors mean that you are virtually unable to walk. For example, if you can show that it takes you five minutes to walk 100 metres, you should qualify.

It does not matter whether the severe discomfort occurs at the time of your walk or later. What counts is that the discomfort is a direct result of your attempt to walk.

Where you live or whether or not you work is not taken into account.

Yes I have an idea about all this, but it is all highly subjective and depedns on the DM and/or the examining doctor.

Walking 100 m in five minutes for example is very slow pace and I do agree that someone should qualify.

But most of the people at working age or close to retirement age that I have seen walking out of motability cars with vlue badges, motability scooters, etc. and going in the supermarket would not qualify if there was any enforcement officer checking them ... that is why I am very suspicious about this system ... no offence to the really disabled once ...

Indie_Kid

DarkFallout wrote: »

But most of the people at working age or close to retirement age that I have seen walking out of motability cars with vlue badges, motability scooters, etc. and going in the supermarket would not qualify if there was any enforcement officer checking them ... that is why I am very suspicious about this system ... no offence to the really disabled once ...

There are other criteria for a blue badge, which means the claimant can walk.