Just knackered and confused
Comments
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Can your hospital consultant write a letter to support your claim?
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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 3333Scope
Senior online community officer -
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.
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: -
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 -
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,
JayneThe Benefits Training Co:
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