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Hemipliegic
- stevelinda3
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11 years 2 weeks ago - 11 years 2 weeks ago #120802 by stevelinda3
Hemipliegic was created by stevelinda3
I have just been taken off incapacity benefit and told I am fit for work with no limited capability. The report says I am hemiplegic, (due to a stroke in 2008), my movement and appearance are consistent with that but they still find me with no limited capability for work. I have lodged an appeal but am not hopeful. The DWP rang me yesterday to say the mandatory appeal is being looked and I will hear in two weeks. I tried to say the report says I can pick up a litre carton of milk with my good side but it doesn't say I wouldn't be able to open it. His answer was to put it under my arm on my affected side and then open it. Very helpful.
Last edit: 11 years 2 weeks ago by Gordon.
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11 years 2 weeks ago #120804 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Hemipliegic
S
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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To try and answer your questions.
ESA is not awarded for any particular condition but rather for the effects that those conditions have on your daily living, also there are very specific legal tests that claimants are reviewed against, so in the example that you quote, it does not matter that you cannot open the carton of milk, the test is whether you can lift it and no more.
Please have a look at our ESA MR and Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and I would recommend that you also review our ESA Claim guides to understand better what ESA tests consist of, this will also help with your appeal.
If you have further questions, please reply to this post and we will do our best to help you.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
To try and answer your questions.
ESA is not awarded for any particular condition but rather for the effects that those conditions have on your daily living, also there are very specific legal tests that claimants are reviewed against, so in the example that you quote, it does not matter that you cannot open the carton of milk, the test is whether you can lift it and no more.
Please have a look at our ESA MR and Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and I would recommend that you also review our ESA Claim guides to understand better what ESA tests consist of, this will also help with your appeal.
If you have further questions, please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 2 weeks ago #120806 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Hemipliegic
Hi S,
In addition to Gordon's excellent advice I will also point out that, for the ESA mobility test, you will be assessed for your ability to self-propell a wheelchair rather than walk. If you hemi means that you are unable to do this then you should make that clear.
In addition to Gordon's excellent advice I will also point out that, for the ESA mobility test, you will be assessed for your ability to self-propell a wheelchair rather than walk. If you hemi means that you are unable to do this then you should make that clear.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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