We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.
Turned down for dla, will be reassessed for incapacity at some point

nottingham13
Posts: 128 Forumite


Hi
I recently applied for higher rate dla mobility and was turned down after going to tribunal.
I will have to be reassessed for incapacity benefit soon I expect.
I Know the descriptors for dla are different from esa, but in their eyes I was assessed as not virtually unable to walk. Although I was very surprised I was turned down after submitting evidence from Dr and occupational therapis.
But what are my chances of satisfying the criteria of repeatedly mobilising 50 metres for the esa test?
I suffer from cfs.
Thanks
I recently applied for higher rate dla mobility and was turned down after going to tribunal.
I will have to be reassessed for incapacity benefit soon I expect.
I Know the descriptors for dla are different from esa, but in their eyes I was assessed as not virtually unable to walk. Although I was very surprised I was turned down after submitting evidence from Dr and occupational therapis.
But what are my chances of satisfying the criteria of repeatedly mobilising 50 metres for the esa test?
I suffer from cfs.
Thanks
0
Comments
-
http://www.disabilityrightsuk.org/esalaw.htm may be interesting.
http://www.osscsc.gov.uk/Aspx/view.aspx?id=3194 - specifically goes into questions of repeatibility.
http://www.dwp.gov.uk/docs/wca-handbook.pdf
This is the guidance the HCP are supposed to follow.
In addition to mobilisation descriptors, there are a number of others that may be appropriate.
http://www.dwp.gov.uk/docs/m-06-11.pdf is a list of the descriptors.
Remaining at a workstation - can you reliably do a task for an hour. If not, it's questionable that you can be held to be able to remain at a workstation.
Consciousness during waking moments - this does _NOT_ mean what it used to under IB - that of 'completely incapable of any act' - but what it means is less clear.
It could be quite reasonably argued for many with CFS that 'at least once a week has an involuntary episode of lost or altered consciousness that significantly disrupts awareness or concentration'.
Learning tasks.
Learning tasks - as part of a work environment.
It's questionable if you can learn a task if you cannot complete it reliably.
Similarly awareness of hazards.
Initiating and compelting personal actions - this explicitly has 'reliably' in the descriptor - raising obvious avenues.
'appropriateness of behaviour' - it is arguable that a severely fatigued state is disinhibited - your normal inhibitions are not there, and you may do entirely inappropriate things.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.3K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.4K Spending & Discounts
- 240.9K Work, Benefits & Business
- 617.2K Mortgages, Homes & Bills
- 175.7K Life & Family
- 254.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards