Refusal to Appeal to Upper Tribunal

killerkev

I have just been refused permission to appeal to the Upper Tribunal on my ESA claim on the basis that there is no error in Law.
I suppose if you look at it they are right but I still maintain that the first Tribunal has interpreted the descriptors wrong
In my case in concerns reaching I can reach to the top of my head to put on a hat but cannot reach above head height as if to reach for something without considerable pain and the risk of a hospital visit as my back locks.
But the doctor at my tribunal has stated that combing my hair is reaching and does not come under reaching the top of my head
The reassessment appeal has said it is up to the tribunal to interpret the descriptors as it sees fit ( so no error in law)
So there you have it despite the fact that reaching above head height is not something I do, I can do it for the majority of time (ATOS said so)
with no problems. I even had a hospital report saying that I had reached above head height and ended up in A&E but this was of no use because it was a couple of years old !!!
So for me its the end of the line no ESA no JSA because of my medical pension ( the job center have said I'm unemployable)
At least the Government saves a few pounds which after all is all it's about (Rant Over !!!!)

Indie_Kid

Sorry to hear that. You can put in another claim for ESA if your condition has changed / you have a new medical condition or it's been 6 months or more from the date of the DWP decision.

killerkev

My condtion has not changed for 10 years and will not change, so putting in a new ESA claim will be a bit pointless, I could always do it just to clog up the system !!! (but won't as the are enough trying to fight the system as it is!)

cattermole

Sorry to hear this.

Have you thought of the argument on a point of law that the "descriptors" are discriminating and are too open to mis-interpretation by the DWP?

Whilst yes the law says they can interpret them as they like, it is demonstrating that giving them this power in the first place is discriminating, therefore they are not lawful. Anyone who appeals to the Upper Tribunal really needs Legal help and that is another problem accessing it.

In addition anyone who does go that stage further is also going to help others in the future, so not necessarily clogging up the system.

marybelle01

Perhaps I am misunderstanding something, but there are an awful lot of jobs out there that do not require someone to be able to reach above head height. So how can you be "unemployable"?

killerkev

marybelle01 wrote: »

Perhaps I am misunderstanding something, but there are an awful lot of jobs out there that do not require someone to be able to reach above head height. So how can you be "unemployable"?

Yes of course you are right but the reaching was only part of the claim (6pts) I had already received 9 points for sitting and standing. I am also limited in walking but can walk more than 200 meters, I cannot bend or lift anything (but can move a empty box!!!, put a weight of 5lbs in it no go ) I have over the years tried for 100,s of part time jobs but no one will employ me Health & Safety risk apparently. I worked for over 35 years without ever being unemployed and wished to continue but my employer gave me a medical pension after works and independent doctors had decided I could not even do light work. For 10 years I had been assessed as ok for IB (small amount due to pension)
Give me a job I'll do it

bloolagoon

killerkev wrote: »

Yes of course you are right but the reaching was only part of the claim (6pts) I had already received 9 points for sitting and standing. I am also limited in walking but can walk more than 200 meters, I cannot bend or lift anything (but can move a empty box!!!, put a weight of 5lbs in it no go ) I have over the years tried for 100,s of part time jobs but no one will employ me Health & Safety risk apparently. I worked for over 35 years without ever being unemployed and wished to continue but my employer gave me a medical pension after works and independent doctors had decided I could not even do light work. For 10 years I had been assessed as ok for IB (small amount due to pension)
Give me a job I'll do it

Can you not claim pension credit?

killerkev

bloolagoon wrote: »

Can you not claim pension credit?

No my wife works full time and my works pension is to much.
If I am being honest we can get by without the ESA ( it was only just over £20 a week). But that is not the point why should I suffer a income reduction just to help the government out !!!!! just because they moved the goal posts to make it harder to claim when for 10 years all doctors agreed I was unfit for work but some nurse (ATOS) decides I am fit with no medical

marybelle01

killerkev wrote: »

Yes of course you are right but the reaching was only part of the claim (6pts) I had already received 9 points for sitting and standing. I am also limited in walking but can walk more than 200 meters, I cannot bend or lift anything (but can move a empty box!!!, put a weight of 5lbs in it no go ) I have over the years tried for 100,s of part time jobs but no one will employ me Health & Safety risk apparently. I worked for over 35 years without ever being unemployed and wished to continue but my employer gave me a medical pension after works and independent doctors had decided I could not even do light work. For 10 years I had been assessed as ok for IB (small amount due to pension)
Give me a job I'll do it

Have you tried the disability advisors at the Job Centre? Or charities which deal with your condition - many have work advisors and links to employers who will look at people with disabilities. Not everyone sees what people cannot do, but what they can. Many people with profound disability work. Not enough, and I agree, largely due to employers attitudes and irrational "health and safety" assessments. But I doubt anyone ever told Stephen Hawking that he is unemployable.

killerkev

marybelle01 wrote: »

Have you tried the disability advisors at the Job Centre? Or charities which deal with your condition - many have work advisors and links to employers who will look at people with disabilities. Not everyone sees what people cannot do, but what they can. Many people with profound disability work. Not enough, and I agree, largely due to employers attitudes and irrational "health and safety" assessments. But I doubt anyone ever told Stephen Hawking that he is unemployable.

Wish I had the brains of Stephen Hawkins!!!
I have not seen a disability advisor recently , I became very disapointed with the Job Center after they said your unemployable we can't help you and closed my file and said they did not wish to see me again
I'll keep trying, I only want a few hours a week

Morglin

marybelle01 wrote: »

Have you tried the disability advisors at the Job Centre? Or charities which deal with your condition - many have work advisors and links to employers who will look at people with disabilities. Not everyone sees what people cannot do, but what they can. Many people with profound disability work. Not enough, and I agree, largely due to employers attitudes and irrational "health and safety" assessments. But I doubt anyone ever told Stephen Hawking that he is unemployable.

Disability advisers at the JC are usually worse than useless.:mad:

Remploy factories did serve a need, but the government have shut most of them down now.

Many disability charities have become WP's and target the fit more, as they are more likely to earn the fees, that way.

There is also the point that with so much unemployment, employers can cherry pick would be employees, and don't tend to pick disabled people.

Steven Hawking is like Douglas Bader -exceptional people, but as most fit people couldn't do what they have, a bit pointless as a comparison!

And, actually, Steven Hawking probably wouldn't be employable - he writes books, gives lectures etc., but he is not employed by anyone, and hasn't been for many years.

He also, by virtue of his books, can afford the very latest in equipment to assist him, and top quality care etc., - not available if you have no money.

Lin