ESA decision maker and descriptors

barney2k

Having gained great information reading other peoples posts its now my turn to ask a question and hope someone can help.

I am in receipt of esa wrag cb and have appealed this( I also receive dla hrm/lrc). I have now received an answer from the decision maker and unsurprisingly it has been sent to the tribunal board.

The circumstances are this; I had a total hip replacement last year and this added to other ongoing health problems have left me unable to walk without severe pain and discomfort. Up to now no one knows why; however the chronic pain unit are still doing tests to try and find out what is going on.

I was awarded esa after my assessment and although not unhappy with the meeting, I was shocked to find that the hcp said I could walk 100m. I made my appeal on this basis pointing out that I was never asked how far I could walk. I sent some supporting evidence and hoped this would help-ha ha. However it is the decision makers comments that have shocked me most.

The response states "X stated in the appeal they disagree with the decision on activity 1wc moving around descriptor as they are unable to walk any distance without being in pain and discomfort,which they were not asked during the assessment. I respectfully submit it must be remembered that activities do not have to be performed without any discomfort or pain, and whilst it is accepted that the appellant experiences this it does not prevent them for the majority of the time, from performing the prescribed activities against which limited capability for work is assessed. The evidence in the eas50 suggests they are able to mobilise using a walking stick."

Am I missing something here or does that not say it doesn't matter what is wrong they are just not going to allow my appeal. Are they just ignoring their own descriptors. I am at a loss. I have contacted cab to get advise however there are so many knowledgeable people on the forum I wanted your thoughts and advise as well .

Thanks for any help you can give.

jacques_chirac

The mobilising descriptor looks at whether you can mobilise with the aid of a wheelchair or walking stick - are you able to?

barney2k

Sorry forgot to add that, no due to the problems in my neck I am not able to use a self propelled wheelchair. This is one of the points my assessment made.

jacques_chirac

barney2k wrote: »

Sorry forgot to add that, no due to the problems in my neck I am not able to use a self propelled wheelchair. This is one of the points my assessment made.

Or a walking stick?

Did you provide medical evidence to support your inability to use mobility aids?

These are the steps you need to go through - you need to explain why you meet the descriptors and provide evidence to back up what you say.

barney2k

I didn't make it clear,sorry, yes I do use a walking stick all the time and that was noted in the assessment. It was the hcp who wrote in the assessment that I could not use a wheelchair and that I walked with a stick.
I felt that all the evidence had been provided; including a letter from my GP stating my limitations.I read the descriptors very carefully and read all advice given here to ensure everything was clear on my form. Did I miss something else? I don't know.

jacques_chirac

barney2k wrote: »

I didn't make it clear,sorry, yes I do use a walking stick all the time and that was noted in the assessment. It was the hcp who wrote in the assessment that I could not use a wheelchair and that I walked with a stick.
I felt that all the evidence had been provided; including a letter from my GP stating my limitations.I read the descriptors very carefully and read all advice given here to ensure everything was clear on my form. Did I miss something else? I don't know.

In that case your mobility would be assessed based on you using a walking stick. Are you still unable to mobilise whilst using a stick, and do you have evidence to support this?

barney2k

Using the descriptor I felt I was covered by the "repeatedly mobilise". I am able to walk short distances with breaks. I wouldn't be able to walk 100m without having to stop several times, a point made by GP in his letter of support.It was at my first WFI I was given a form by the interviewer to claim dla after they had seen me walking.

princessdon

Does your medication support such high pain thresholds?

Are your neck injuries documented etc

Just to play devils advocate, are you aware how many SAY they can't walk due to pain without conclusive evidence. Sadly there are many out there who lie. I know 1, HRM appeal to support group as can't walk, yet walks her dog at least 3 miles each day and jogs when raining to car from school yard etc.

In short did you supply evidence to support your claim? Sadly the shysters do no favour for genuine cases where there are no clear diagnosis and I think perhaps you are caught up in this, as everyone could say they can't walk without evidence.

barney2k

Thanks for your comments, yes I agree it is possibly just my bad luck because of the few.

My neck injuries are from a RTA many years ago so well covered. Without going into to many details all my other issues are also documented. I take three different painkillers totalling 14 tables a day (this is monitered and will be increased as required).

I would love to know what is exactally wrong with me, then perhaps I could move forward either way. The last year has been a nightmare and without my husbands support I would not have coped.

As for the dog walker, I wish,I wish,I wish, - say it three times and it becomes true?

Horseunderwater

Can I ask how much detail you added onto the ESA50 re the mobilising bit. It is not just about the mobility as such but if you need to stop and rest every few meters due to pain or shortness of breath, then technically you should not have ticked any of the distance boxes but have put an explanation underneath as to the true distance you can walk. This is where people can get it wrong. In my case it is around 3-9 meters and that is on a good day. This will also be true about PIP which I believe you are now applying for, but with PIP the distance is now 20 meters to get HRM element. However it sounds like the HCP got it correct and that it is in fact the Decision maker who has misread the ESA85 and interpreted it wrongly.

barney2k

Having read and re-read everything I wrote I wonder if that is the problem. What I think is sufficient is perhaps not enough for DWP. I can manage about 20m on a good day, however on Sunday morning I could not get down stairs without help.

I have already been awarded DLA but they did ring and ask questions about my ESA claim and time scale is linked to the two year review recommended by the HCP on the ESA85. I went to the CAB for help with this form as although I am normally good with them it stumped me.