ive just received esa decision makers reasons for not putting me into support group in it she states that even though a atos doctor stated in a report a few months ago that in his opinion i can walk before onset on discomfort is 30 metres despite this she further states that the criteria in respect of esa does not refer to walking, but to be mobilised unaided by another person with or without a walking stick ERM WHAT schedule 3 descriptor cannot mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion ? so if its not about walking how would you be able to get to 50 metres do you hover? im totally confused shes sent me a appeal form as they are not putting me in support group so its back to tribunal for the 2nd time, , anyone got any advice on this please xxx
esa decision maker says schedule 3 is... - Fibromyalgia Acti...
esa decision maker says schedule 3 is not about walking but mobilising????????
Perhaps you have to throw yourself onto the ground and roll 50 metres.... Or they have mistaken you for the new dr who daleks that trundle on wheels and hover.....
Yours totally mystified...
VG x
Hi,
You poor thing.
How ridiculous ! How can anyone be "mobilised unaided BY ANOTHER PERSON" - ?????? If you need another person to help you, then that isn't UNAIDED, is it ? Does this person have even a basic understanding of the English language?
I would pursue this, if you have the energy to do so. This is outrageously unfair.
You would do well to arm yourself with a copy of the DM's Handbook (have a rootle around online, there are lots of helpful sites that you can get this from) and cite their own words back at them.
Yes, they do list walking sticks and other aids like wheelchairs as methods you must use to mobilise yourself if you can, but nowhere does it say that another person can be counted as an aid to mobilising yourself.
And it goes without saying that obviously they mean walking OR being in a wheelchair. This person has clearly misunderstood the wording, and as you and Grumpy say, this idiot thinks it means you must acquire super-powers and somehow hover over the ground. Either that or it's a deliberate misinterpretation of the wording to meet target figures.
I HATE what this government is doing to all of us.
Remember to include "Cannot perform this action 'Safely, repeatedly, continuously'" for anything it asks you about doing. It is in their own handbook, so they really can't disagree with that.
If you make your case as watertight as possible, with as many documents like doctors and specialist's letters of support that back up what you're saying, and lists of appointments, medications, and photos of you on a bad day, anything at all you can put it to help them understand that you aren't trying it on, you genuinely need their help, you should be fine.
Given that more than 40% of appeals immediately get found in the claimant's favour, I'm surprised that your application has been turned down. They have a huge backlog of appeals now, and their ridiculous scheme has actually COST them money, instead of saving it.
Good luck, and let us know how you get on.
xXx
I tend to favour the cartwheeling approach - much less fatigue and pain in the feet. Sorry have to stop there as in danger of wetting myself at the image of me attempting a cartwheel. Good luck with the alternative mobilisation strategies. What a bunch of ATOSsers! xx
LOL LOL LOL LOL LOL !!!!
Totally agree - ATOSsers and CaMoron - what a hideous combination!
xXx
Someone somewhere - must see what they are doing to us genuine sufferers - every day is a challenge in itself even our so called good days....... surely this is persecution and maybe even infringing on our human rights - we just need a knight on a white horse to take up the cause - if only ....... I do hope you get a just award XXX
Agreed. This is positively mediaeval and barbaric. I seriously cannot understand how they can get away with it, in a society where we are forced to pay millions in compensation for "abusing the rights" of people for using "racist" language, or for not telling people that climbing trees may result in the climber falling out of them, or that walking into an open manhole (person hole?) may result in injury to the twit walking into it. HOW is THIS abuse of the most vulnerable sector of society given one iota of credence?
Oh, don't get me started.............!!!!
xXx
I had this explained by CAB a short while ago...their definition of mobilise doesn't mean just walking it includes using a self propelled wheelchair, whether you own one or don't normally use one doesn't matter!!!....if in their opinion although you couldn't walk for 50m without severe discomfort you could in fact self propel in a wheelchair for that distance then you can mobilise without a problem...it's all codswallop and they are paid a fortune to get away with it too..xxx
right so if i had to use a wheelchair i would struggle as its arm movements and you know what its like when your shoulders and arms are very painful? do you know how to get round this? xxx
Oh no, it DOES matter if you have a self-propelling wheelchair or not! If you haven't got one, you can't use one. Most of us, me included, are too weak to be able to use one anyway. I have a "someone else pushes it" wheelchair. It is not reasonable of them to assume that someone else will always be around to push you, and it isn't reasonable of them to assume that you could use a self propelled one if you don't have one. I would try and fight tooth and nail on this one!
xXx
sorry love, don't know what to say about it other than explain to them in no uncertain terms that not only could you not walk 50m repeatedly without severe discomfort that you couldn't self propel yourself in a wheelchair either...they presume that you can do something if you omit to tell them that you can't...good luck xxx
This is true, you really do have to literally spell everything out for them. If you quote their own guidelines back at them, they can't disagree with it - and if they are under so much pressure re figures and targets and DO disagree, the appeal courts take a very dim view of it.. The appeal courts are backed right up with a huge number of appeal cases, and they are finding more than 40% of them in the claimants' favour, too.
From memory, it says that you (the claimant) MUST be able to perform any of the specified actions or movements "Repeatedly, consistently and safely" or Repeatedly, reliably and safely, something like that. If you can't, you say so, in ****** BIG BLACK UNDERLINED ASTERISKED capital letters! ******* (can't find underline on here!)
Re-iterate and re-iterate and re-iterate. I don't care how many times they have to read the same thing in our applications -they ask us the same question in different and not so different ways in the hopes of getting a different answer, so why shouldn't they have to suffer the same frustration reading our forms as we do with filling in our forms?
xXx
we all know what is fair and what is not and I agree Angel it does matter if you don't own one, but hey they couldn't give a flying fart about it lol xxx ;0)
I was asked at my ATOS medical wether I could use a self propelled wheelchair as that is now counted as mobilising, wether or not you own one is immaterial 
My appeal has been refused! - Do I have any further options??
ESA Work-focused interview help 
Hello everyone some good news for a change
I really hope the climate change will mean the U.K.'s warm every day. I'm sick of pain, discomfort & trying to hide my tears from my son.
