ib to esa transfer

Hi M,

Yes, I missed that !!

A Tribunal can only re-look at whether you should have been placed into the SG at the time of the WRAG decision, and will not take into account any change or deterioration in your condition since that date.

bro58

I presume Macker could ask to be reassessed based on a deterioration in his condition and imagine this would be the best course of action rather than an appeal.

Puccalove wrote: I presume Macker could ask to be reassessed based on a deterioration in his condition and imagine this would be the best course of action rather than an appeal.

True, the only problem I can see with this would be the DWP argument that the claimant is now fit and well as a result of the surgery.

My condition didnt deteriorate, I met the the descriptosr 1.1.and 1.2 in that I wasnt able to walk without severe pain whilst walking and afterwards, proof of this was less than six months later I had an operation .The time between the medical and the operation I was awaiting and undergoing tests at several hospitals on my heart, as soon as I got this clearance, I was operated on.

Hi M,

Maybe you are trying to use the fact that you received a Hip Replacement on 13/10/13 to show that you were actually suffering from the Hip problems prior to the 13/10/13 and at the time of the adverse WRAG decision 20/06/13, some 4 months earlier.

If this is the case, you would have to prove that this was the case with documented evidence.

i.e. Tie in the Hip Replacement as being supportive of the fact that you suffered the Hip problems on 20/06/13.

bro58

macker wrote: My condition didnt deteriorate, I met the the descriptosr 1.1.and 1.2 in that I wasnt able to walk without severe pain whilst walking and afterwards, proof of this was less than six months later I had an operation .The time between the medical and the operation I was awaiting and undergoing tests at several hospitals on my heart, as soon as I got this clearance, I was operated on.

Hi M,

Don't forget, it is not just a "Walking" test for ESA Activity 1. Moving Around (Mobilising)

It is also taken into account whether or not you can self propel a manual wheelchair unaided.

Even if you have never had or used a manual wheelchair.

Therefore, showing that you could not "Walk" the requisite distance would not gain you access to The SG.

"Activity

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

Descriptors

1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion."

From :

SG (LCWRA)Schedule 3 Descriptors

See also : Qualifying for the Support Group

bro58