would you like the whole lot medical reasons and all or just the descriptor bit

large list of problems etc then

based on availible infomation descriptors Wc and Sa are appropriate mrs *** meets the thresehold for ltd capabilty for work

I have also determined that by reason of her phyisical condition none of the descripters set out in schedule 3 to the ESA reg apply she does not have ltd capability for work related activity so will be placed in the WRAg

no definatly from ESA it states based on availible info descriptors Wc and Sa are appropriate but placed in WRAG

sorry sa is the cant move from one chair to another unaided or i think iots also called 2 a

Sarah

Activity 2: Standing and sitting

Descriptors

S(a)

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person

I asked for a letter from ESA to prove i was given 15 points as DLA did not beleive me and did not want to look it up so the letter stated i had 15 points and i was in the wrag but also stated the the descriptors Wc and Sa

I have just been reading the WCA handbook am I correct in thinking that the Sa descriptor would put me in the support group if so should i phone up and point this out?

Many thanks

Sarah

Just one more question if you ask for a supersession on the grounds of getting worse since original descion will the claim be taken from today or the date of original claim?

I went to a tribunal today and lost but the thing that is confusing me is some precedual errors that the tribunal were made aware of

Now the EMP report had lots of contradictions but the thing that seemed most striking to me was that the report did not have any personal info name /ni number on any page and the date was a day out also all reference to this report state the wrong date is this a point of law?

Many thanks

Sarah

laineynic

A large amount of people on here are in the same boat as you I know i am any help that does not cost the earth should be appreciated people are just trying to help in anyway they can

When all of this DWP pap annoys me i go have a cup of tea and remember i am not the only one being screwd over it sometims helps

Nystamite/feelingsad have been very helpful to me and they don't know me from Adam/Eve so I am glad they decide to spend the time helping in anyway they can

Sarah

I have just noticed along with no name/ni number on the EMP medical and lots of contradictions I can't find the dr on the GMC and she wrote the 20th on the medical but came on the 19th as the appointment letter stated

do you think someone is playing games with me or is micky mouse in charge?

Sarah

Thank you very much I will mention this to my advisor as she is already shocked at the lack of interest in medical evidence that is not the ESA medical

Thanks again

Sarah

esa medical aug

Dla removed sept

I sent a GL24 in other paper work then waited was told ESA had been overturned and 15 points given and placed in wrag told DLA about this

got EMP medical

asked for EMP medical copy

a week later asked again for EMP medical copy and found out that first GL24 had never turned up but all the other paperwork did (i have rec del details)

so was told i had to do another even when i said i had copies so sent back form 2 with copy of form one stating there mistake and rec del form

early dec they log appeal ask phone up several times and am told that the ESA will not be used again as it was overturned but last recon and ESA listed

so in Jan I ask why they told me it has been removed now and sent a submission to the tribunal saying i am not happy with the ESA report being inc in submission

I phoned and tried to explain but no luck they have also put on the submission that the critera for DLA and ESA are completely different

But they don't seem to understand they removed my DLA with the ESA medical so how was it the same critera then

Hi

are there any template letters on the forum for ask dwp for a typed transcript as the emp report is

unreadable (also has no personal info on any page it could be your medical lol)

can dla use a ESA medical to remove benefit?

and on my reasons for descision it states that "due to updated medical evidance you no longer have these needs " but i have looked through the stated paperwork and it does not say he is better anywhere the opposite in fact

I have asked Dla but they said it is the dm's opinion and thats that

Any help appreciated

Sarah

Sorry I meant to add this actually fits Johns problems to a tee except the cervical bit but maybe it has been ignored because Johns GP reads a lot and some DM's don't?

Sarah

Severe Functional Restriction

Category

DescriptionDisabling Effects

People with this level of functional restriction are likely to experience constant severe pain in their lower back for most of the time. The pain is likely to radiate into one buttock predominantly and travel down that leg below the knee into the foot and toes. The leg pain is often more severe than that experienced in the back, and is usually accompanied by numbness and tingling on the affected side in the specific region supplied by the nerve root. Tightening of the back muscles may add to the overall level of pain. Sleep may be disturbed by pain in some people. Moderate to strong analgesia may not be fully effective in relieving symptoms. Flexion of the spine is likely to be significantly restricted. Marked weakness of the thigh muscles may be present and there may be associated muscle wasting. Foot drop may be present. In cervical involvement, constant severe upper limb pain, weakness and abnormal sensation are present.

Mobility

Walking would normally be restricted in terms of distance (this may be in the range of 40 to 100 metres) and speed due to severe pain in the lower back and leg. They would normally have an abnormal gait, walking with a limp. There may be an increased risk of falls due to leg weakness, loss of sensation and foot drop although walking aids may help with mobility. There may be a need for guidance or supervision outdoors.

Care

People with this level of functional restriction would normally have difficulty coping with many activities of daily life. They may have considerable difficulties getting out of bed and out of the bath. They are likely to have difficulties with dressing, particularly with their lower garments e.g. trousers, socks due to bending difficulties. There may be considerable difficulty with other personal care tasks, such as rising from a normal height chair, climbing stairs and aspects of main meal preparations such as lifting pans, and bending to a traditional oven to insert and remove items. Due to leg weakness on one side, loss of sensation and possible foot drop, a risk of falls may be present. There may be a requirement for supervision and watching over if falls occur even with the use of walking aids. If affected on both arms there may be marked problems with dressing, preparing a main meal and toileting. If however only one side is involved, only bimanual tasks are affected

John has 3 prolapsed discs in his spine along with other problems I think I may have found it the dwp guidelines for DM's state in specific back pain care and mobility conciderations are at 3 levels mild/moderate and servere so he must be using there own terms to wrtie the letter

Sarah

thank you

I was just hoping someone would know thankyou anyway

a letter from my GP stating that John "remains serverly functionally restricted" can anybody tell me what that means

sorry for the rush but i have an appointment with an advisor tommorow and want to be able to explain

Hi

I am new here but have a few problems I hope someone can help me.

firstly John has been getting high rate mobility and middle care for 7+years then in sept they used a very flawed esa medical nil points to remove all benefits

I have complained about this in sept but they state they never got any paperwork (I sent rec del and have the Proof of posting)

anyway the ESA people called him in late sept saying is this correct as the DM thought it was odd that after 7 years John was healed.

The outcome of this was the medical was overturned and John was given 15 points over 2 catagories

We then gave this info to DLA who said they would mark as a pass or remove this medical from further reconciderations

well we sent off 2 appeal forms they claim the first never got there 1 in sept 1 in dec and a whole bunch of medical evidence

Including a letter from my GP stating that John "remains serverly functionally restricted" can anybody tell me what that means?

but I sent this to DLA and they sent a submission to me that did not even mention the GP's letter

sorry one more thing he had a home visit from an EMP but she has not put his name or NI number on any of the pages bar the first is this a problem?

also she has ignored a lot of the medical evidence

Any help would be very appreciated

Sarah