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Just knackered and confused

happynotmehappynotme Posts: 8Member Listener
edited January 11 in Ask a benefits advisor
Been fighting degenerative disc disease for 30 years have been told that I can no longer work told this in 1999 had spinal op in 2000 and carried on then in 2014 told to stop second spinal op still carried on got to a point now where i cannot do it any more specialist has told me to stop once more and is unable to offer any more surgery so given up a job that I loved am in receipt of pip both standard rate but was refused ESA some how got no points for that so JSA is the way I must go can't walk much have to use crutches or a stick for very short distances. sitting is painful as well as standing for any length of time I do have a mobility scooter but then again I am sitting and have to stop Stand with crutches to stop spasm and then carry on don't now what to do or if work is a reality 

Replies

  • Tiffy1691Tiffy1691 Posts: 20Member Whisperer
    Can your hospital consultant write a letter to support your claim? 
  • Sam_ScopeSam_Scope Posts: 6,618Administrator Scope community team
    Hi @happynotme
    I am sorry to hear that you are struggling, I have moved your post to the ask a benefits advisor category where you might get some help.

    You can also call our helpline on 0808 800 3333 :)
    Scope
    Senior online community officer
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,495Member, Community advisor Chatterbox

    Hi @happynotme

    Sounds like you need to appeal that ESA refusal to me.

    The descriptor for mobilising in ESA accounts for use of a manual wheelchair, but not aids such as scooters, and the descriptor measures not only your ability to mobilise once over a given distance (50m for the 15 point descriptor) but your ability to repeatedly mobilise the distance in a reasonable timescale.

    There is some very useful info on appealing ESA decisions on the Citizens Advice website, including details of all the descriptors and the appeals process, but the first step is to contact ESA directly (either by letter or telephone) and request a Mandatory Reconsideration of the decision.

    You should continue on JSA for now, as ESA will not be paid while the Mandatory Reconsideration is completed, but if the decision is unchanged on MR and you subsequently appeal, you can go back onto ESA once your appeal is logged with the Tribunals Service.

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    Hope this helps - do get back in touch if you need anything further - and to let us know how you get on.

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Will Hadwen
    Sarah Hayle
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland
  • happynotmehappynotme Posts: 8Member Listener
    Thank you for your help and tacking the time to reply these are the steps I have taken so far just waiting for a court date
    but I really just wish I did not have to stop work as I was lucky to have a job that I loved and enjoyed doing which  makes this all so much harder to accept with all the worry I have now been diagnosed with depression all my medication has been changed an now on opiates and some thing for the depression and counseling hoping things settle down a bit as I do not like how these new Meds make me feel or it might be the depression
    Thank you
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,495Member, Community advisor Chatterbox
    Hi happynotme - I agree with everything Mary has said, and don't have much to add other than to make sure that you go through with the mandatory reconsideration and appeal, and make sure that you try and get as much evidence to back up your case as possible. As tiffy above suggests, getting a letter from your hospital consultant to support your case would be very helpful, especially if the letter can go into reasonable detail about your walking limitations and the severity of the pain you experience. If possible, it's a good idea to try and get some help from a local advice agency such as Citizens Advice, and the Scope helpline can help you find a local agency. If you are now having some mental health issues as well as physical ones, then make sure that DWP are aware of that too.
    Good luck with your claim - it's very important not to give up! Even if you get another refusal at the mandatory reconsideration stage, remember that the success rate at this stage is very low for everyone but MUCH higher at appeal stage, so keep going, and get back to us if you need to.
    All the best,

    Jayne
    The Benefits Training Co:
    Paul Bradley
    Will Hadwen
    Sarah Hayle
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland
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