ESA

My husband had a phone call from the benefits office about his claim for ESA.
As he isn't very mobile and has DVT in his leg also has breathing problems so thought he could claim for this..
My husband was laid off work because he wasn't able to do the job anymore as it was to physically demanding and also he is 61 and explained this to the benefits office over the phone.
The person he spoke to told him he wasn't successful with his claim, and he should be able to work for 16 hours, also if he uses a wheelchair he can claim for this and will be awarded points.
I think this is a disgusting thing to say to him, and he is really upset at this so would like to appeal.
Do you think he has a case?
Please let me know what you think
Thanks

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I am sorry that you and your husband are going through this.

You say there was a phone call, did your husband have a full assessment, including an ESA50 form and a face to face appointment? I'm guessing he must have done, but your post reads as if he didn't.

I am going to continue on the assumption that your husband did have an assessment. If he was rejected because he does not meet the basic NI contribution rules, please let us know!

ESA is paid if the claimant meets some very specific criteria('descriptors'), rather than if s/he is unable to work, per se. DWP do not have to consider whether the claimant would be able to continue with their usual employment, whether there is any job that the claimant can do, nor if anyone would be prepared to employ them.

Qualifying for the WRAG

Qualifying for the Support Group

The first ESA descriptor relates to 'movement' rather than walking. The assessor is allowed to consider whether the claimant could reasonably mobilise by self-propelling a wheelchair. If the answer is 'yes' then nothing is scored for this descriptor. if the claimant cannot use such a wheelchair, they must make this clear to the assessor.

The first step to challenging this refusal is to request a 'Mandatory Reconsideration'. This should be done within one month of the date on the decision letter (which I assume you have had now?). Before you do this, I suggest you have a good look at the ESA descriptors and, scoring harshly (as DWP will) decide whether you think your husband would score the 15 points necessary to claim ESA or meets at least one of the Support Group descriptors. If the answer is 'yes', you will know what your husband needs to demonstrate in order to be entitled to ESA. The Mandatory Reconsideration process is explained towards the back of our ESA guide.

ESA claims and appeals

Meanwhile, no ESA will be paid. If you need money your husband will have to sign on for JSA (he is considered eligible as he has been found'fit for work') and negotiate a reduced contract due to his medical problems. He should obtain a fit-note from his GP, dated from the day after the unfavourable decision and keep this safe for the time being.Do not give this to the JobCentre+ when signing on for JSA!

I know I have given you a lot to think about! Please reply to this message with clarifications or further questions and we will do our best to help. You will find it easily if you bookmark/favourite it on your web browser now, or click on your username when you are logged into the forum