Turned down for dla, will be reassessed for incapacity at some point

nottingham13

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

rogerblack

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.