ESA Reasonable timescale mobilizing

poppy12345

Alice_Holt wrote: »

I am genuinely puzzled why you cannot see this, and seem determined to argue with us. Please. if you are assisting someone in an ESA, try to get them to an advice agency and the get help of a benefits specialist to represent them at appeal.
If you persistently try to argue at the hearing the case you are putting forward in this thread, you will do the claimant no favours at all.

I second this! I'm not even sure why you asked the question to start with as you seem to want to argue the point.

JaneDoeJohnDoe

Thank you both for your replies.


I am not arguing with either of you although I'm not sure why you are questioning my ability to assist someone at an appeal.

We clearly do not agree on this.



The case law I was looking for in my original post question clearly does not exist. It probably was PIP. However,

the Judicial summary I found was sufficient for my needs.

Thank you.

Alice_Holt

Apropo of not much, I once attended a tribunal where the DWP presenting officer took it upon himself to (erroneously) dispute a point of ESA law with the tribunal judge. The ensuring exchange was almost comedic.

The tribunal judge then turned to the claimant - "I see you have a submission from the CAB, I'd like to go through this point by point. Now, tell me about the difficulties you have walking......"
The tribunal judge very carefully and methodically went through each descriptor included in our submission encouraging the claimant to give him more detail, whilst making copious notes.

Until the DWP presenting officer's intervention, I thought the case to be finely balanced,

When I received the decision notice allowing the appeal, it included the sentence "in coming to this decision the panel placed particular reliance on the claimants oral evidence".

calcotti

Alice_Holt wrote: »

When I received the decision notice allowing the appeal, it included the sentence "in coming to this decision the panel placed particular reliance on the claimants oral evidence".

I think that may be quite common and goes some way to explaining why so many appeals are successful. Many DWP decisions are wrong simply because DWP have followed the assessment report and not taken into account claimants’s own account as set out in PIP2 or ESA50. This despitetheir own guidance highlighting that claimant’s own account is often the best evidence available.

Alice_Holt

calcotti wrote: »

I think that may be quite common and goes some way to explaining why so many appeals are successful..

It is. Oral evidence is vital to a successful appeal.
It really helps when the claimant understands the relevant activities / descriptors included in their submission and takes examples / illustrations to the hearing which expand on these points.
It's one reason why my local CAB spends time with clients explaining the ESA descriptors, preparing a submission with them, taking the client through the appeal process and explaining what to expect at the hearing.
Claimants without this help, are less successful.

micky2phones

Hi, With mine it states cannot mobillise 50 metres repeatedly within a reasonable timescale and unaided by another person.

As for a wheelchair it states unlikely to improve mobility further than shorter distances with a wheelchair.

JaneDoeJohnDoe

The MR was a waste of time but once the appeal went in with a statement about how long it took to get from point A to point B whilst going to the Asessment centre as the HCP totally ballsed up what the claimant said, the DWP wrote direct to the claimant & decided that they satisfy -1b cannot repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. And hence because of that placed in Support group.
Not bad from just 6 points from the original assessment. :T
So the only thing to say to anyone struggling with DWP is.... do not give up! :beer:

kingfisherblue

JaneDoeJohnDoe wrote: »

The MR was a waste of time but once the appeal went in with a statement about how long it took to get from point A to point B whilst going to the Asessment centre as the HCP totally ballsed up what the claimant said, the DWP wrote direct to the claimant & decided that they satisfy -1b cannot repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. And hence because of that placed in Support group.
Not bad from just 6 points from the original assessment. :T
So the only thing to say to anyone struggling with DWP is.... do not give up! :beer:

Repeatedly - as Alice and Poppy explained several times!

tighteningthebelt

Your new boss might be interested in your walking speed though... And your colleagues (depending on the work you do obvs).
Seriously, it's an interesting thread. My brother's wife isn't able to work at the moment and this info, esp the tribunal link, will help a great deal as she has to move from SSP. Her company are not able to make any more work adjustments for her, sadly. Though they have gone above and beyond. Thank you to everyone for posting, and to the OP for asking for the clarification.

poppy12345

tighteningthebelt wrote: »

Your new boss might be interested in your walking speed though... And your colleagues (depending on the work you do obvs).
Seriously, it's an interesting thread. My brother's wife isn't able to work at the moment and this info, esp the tribunal link, will help a great deal as she has to move from SSP. Her company are not able to make any more work adjustments for her, sadly. Though they have gone above and beyond. Thank you to everyone for posting, and to the OP for asking for the clarification.

Not sure why you commented on a thread that's over 4 months old.