ESA Support Group - Tribunal

Legacy_user

Hi,

I would like advice on ESA.

Worked all of my life since leaving school c. 35 years. I developed a serious mechanical issue with my right foot and have osteoarthritis (OA), anxiety, hypertension etc, etc.

Had to leave my job last May. I have had two ATOS WCAs. First got put into WRAG for 6 months. Second found fit for work. I appealed the first decision against WRAG. I should have been put in Support Group (Cannot walk too well). DWP refused I lodged appeal to Tribunal.

Meanwhile walking is so bad that I applied and won DLA HR Mobility on appeal (No care) after the Tribunal sent a DWP ATOS Doctor round to my home.

This report said I can only walk 30 metres without significant discomfort (and I cannot walk more than 30 metres reliably and repeatedly, etc , etc.)

I have submitted all my paper s now for the ESA Tribunal (No date yet). The Tribunal have sent my copies back to me.

My question is this ... I have sent in medical evidence including a copy of the DWP Doctors report dated February 2013. Am I right to assume that if I cannot walk more than 30 metres then I am entitled to be in the Support Group OR would I have to prove this at an ATOS WCA ?

Is the evidence from the DWP Doctor not more valuable and significant ??

Can I ask the DWP to review based on the evidence I have provided to the Tribunal - which means I am likely to win hands down ??

Do the DWP review Tribunal evidence as it comes in and back down before the Tribunal date ??

Advice from anyone please ...

Based on http://www.tameside.gov.uk/esa/wca

Limited capability for work related activity descriptors

I Quote

If one descriptor applies to the claimant, they will be placed in the support group and will receive the Support Component in their ESA. They will not have to attend work focused interviews or a work focused health related assessment.


1) Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used

Cannot either
a) mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion; or

b) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion.

Two4Tuesday

apollokid wrote: »

Hi,

I would like advice on ESA.
...
I should have been put in Support Group (Cannot walk too well). DWP refused I lodged appeal to Tribunal.

...

This report said I can only walk 30 metres without significant discomfort (and I cannot walk more than 30 metres reliably and repeatedly, etc , etc.)

...

Am I right to assume that if I cannot walk more than 30 metres then I am entitled to be in the Support Group OR would I have to prove this at an ATOS WCA ?


Advice from anyone please ...

Based on http://www.tameside.gov.uk/esa/wca

Limited capability for work related activity descriptors

I Quote

If one descriptor applies to the claimant, they will be placed in the support group and will receive the Support Component in their ESA. They will not have to attend work focused interviews or a work focused health related assessment.


1) Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used

Cannot either
a) mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion; or

b) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion.

If walking is the only major issue then that in itself is not enough to qualify you for the support group or even the Work Related Activity Group. According to the current tests, if you could propel yourself in a manual wheelchair for 50 meters then that counts instead (even if you don't actually own a wheelchair)

System

I understand thank you - I thought if you met the descriptors then you were likely to win.

I do have other issues and accumulated points in other descriptors- so hopefully that may help.

Thanks again

rogerblack

apollokid wrote: »

I understand thank you - I thought if you met the descriptors then you were likely to win.

You are.
The problem is that the test is if you can 'mobilise with/without a manual wheelchair' - not that you can't walk.

If there are other health reasons that mean you can't use a manual wheelchair - or other reasons why it's not appropriate - then you would get points for being unable to 'mobilise'.

Horseunderwater

With the Support group descriptors there are no points to score as such - you either meet one or more of them by not being able to do something. Which in your case as you do not mention upper arm problems will more than likely mean that you will not get into the Support Group based on mobility. DLA HRm is a different type of benefit and has not currently got the wheelchair scenario in it. It may well get included when PIP starts coming in for rest of country later on this year and in Oct 2015 for those with indefinite awards. You can now get a blue badge automatically from your local council authority just because you get HRM. So that will be one benefit. So find out the main authority for where you live and apply there. You'll need a passport photo and have to pay a small fee of around £10. And you'll need to send them a copy of the DLA award letter - do not send in your original. Also you can now tax your car for free, so to do this - you need the entitlement certificate proof any MOT/Insurance and the V5 as this has to be re processed for disability class and you take it along to a post office that offers tax discs processing and they will send it all off and give you the free disc right away. A new V5 will arrive in due course. You can do that as soon as you want and if there are any whole months left on current disc - get a refund form and send that disc off in the post too. Depending on age of car that can be a huge saving in itself.