Frustrated over Invalidity benefit loss.

GlasweJen

It's not if your wife does use a wheelchair it's if she could use a wheelchair. If she doesn't suffer from problems with her arms, stamina issues or sight loss along with her poor mobility then ATOS will assess her as unable to walk but able to mobilise.

Again your wife is expected to use a reasonable hearing aid, does her hearing aid help? Any points will be issued based on wearing the hearing aid unless she can't wear one for medical reasons.

System

GlasweJen wrote: »

It's not if your wife does use a wheelchair it's if she could use a wheelchair. If she doesn't suffer from problems with her arms, stamina issues or sight loss along with her poor mobility then ATOS will assess her as unable to walk but able to mobilise.

Again your wife is expected to use a reasonable hearing aid, does her hearing aid help? Any points will be issued based on wearing the hearing aid unless she can't wear one for medical reasons.

She does not wear a hearing aid. She was provided with a white noise generator which makes a " noise" in the problem ear, but it made no difference, despite a longish trial.

She feels that if she were to use a wheelchair, the probability of loosing strength in her legs would be great and this is something to avoid.

Ironically, prior to this health issue, she was the warden of a sheltered housing complex caring for 65 elderly folk.

zaksmum

If this lady is suffering from these health issues I can't see how any reasonable decision maker can deem her fit for work. A hearing aid would apparently not help her and she is trying to avoid muscle wastage in her legs by attempting to walk.

If someone like her can be deemed fit for work, how on earth do claimants continue to get sickness benefits for conditions like anxiety and stress? Unbelievable.

GlasweJen

Your muscles don't waste the minute you sit in the chair and 6 steps isn't going to be exercising the leg muscles anyway!

A decent OT will be able to give proper advice on maintaining muscle tone in the legs and refer on for mobility assessment - maybe a wheelchair will give a whole new lease on life.

I would love the luxury of deciding I don't want to use my chair or hearing aids but no one would entertain lifting and carrying me everywhere and I can't sit up unaided so I have no choice in the matter really. I must admit I do sometimes take my aids out at work during children's clinic when I'm surrounded by tears and tantrums - upside of having a hearing loss and working with kids.

Dogger69

zaksmum wrote: »

If this lady is suffering from these health issues I can't see how any reasonable decision maker can deem her fit for work. A hearing aid would apparently not help her and she is trying to avoid muscle wastage in her legs by attempting to walk.

If someone like her can be deemed fit for work, how on earth do claimants continue to get sickness benefits for conditions like anxiety and stress? Unbelievable.

You continue to miss the point - in order to qualify for ESA you need to meet certain descriptors. It is not a case of having certain health issues, or indeed a decision maker being "reasonable", it is an assessment of whether certain criteria is met.

mikey_bach

Working on the ESA sick notes or fit notes today I can tell you now most are off with Depression and Anxiety or seemed to be.

OP all you can do is appeal the decision if you think the decision is wrong

nannytone_2

mikey_bach wrote: »

Working on the ESA sick notes or fit notes today I can tell you now most are off with Depression and Anxiety or seemed to be.

OP all you can do is appeal the decision if you think the decision is wrong

anxiety and depression are the new bad backs!

the people that are trying to play the system pick the conditions that are difficult to disprove as very often, there is no physical manifestation.

the only people that suffer are thos that geniunely have these conditions

zaksmum

Dogger69 wrote: »

You continue to miss the point - in order to qualify for ESA you need to meet certain descriptors. It is not a case of having certain health issues, or indeed a decision maker being "reasonable", it is an assessment of whether certain criteria is met.

So how does a person with anxiety meet the criteria if someone with communication problems who can't walk six steps before falling doesn't?

nannytone_2

because the person that cant walk may have been assessed as being capable of using a manual wheelchair ( regardless of whether they do or not)

the person with anxiety probably hasnt met the mobilisation descriptor. but a different one.

i meet a descriptor and so have been awarded ESA.... yet i can walk for miles!
but that isnt the reason that i applied for ESA

zzzLazyDaisy

OP check out regulation 29 and 35, and ask your wife's consultants if she falls into these categories. If the medical consultants are of the view that being found fit for work (reg 29) or work related activity (reg 35) is likely to put her health at substantial risk, she should be found unfit for work.

There are NO questions or information on the ESA50 form relating to these descriptors, it is up to the claimant and/or their medical advisors to know about it and to make the relevant facts known to the decision makers.

More info here

http://blacktrianglecampaign.org/2012/11/28/two-regulations-could-hold-the-key-to-winning-esa-appeals/