ESA stopped help, can they make me have a wheelchair!?

[Catinhighboots]

Hi , I have been denied ESA as they gave me 0 points on being able to mobilise more than 200 meters because the decision maker has decide that a wheelchair could be obtained through the nhs wheelchair service if required and the use of a wheelchair would enable me to mobilise more than 200 meters. Can they really do this???? I have recently had a spinal cord stimulator and the last thing I want is a wheelchair.

[Bananas5]

The mobility descriptor is only one of a number which gives you points towards qualifying for ESA.

Did you not score any points with any other discriptor?

x

[Catinhighboots in reply to Bananas5]

Yes this make the wheelchair issue more ironic they recognised I have difficulty sitting / Standing and awarded 6 points on this I feel I should of got 9 but how can you acknowledge my limited ability to sit the say I should get a wheelchair?

[Bananas5 in reply to Catinhighboots]

Part of their guidelines include...repeatedly, safely and in a timely manner. These should have been applied when deciding if you could walk, sit, stand etc.

Have you taken this assessment to the next stage where you disagree? Manditory reconsideration?

A word of caution though. If you get ESA and are placed in the WRAG as opposed to Support....you willl receive the same amount as someone on JSA ( Job seekers allowance) and will be subjected to all the rules that goes with that benefit.

As to whether they can fail you for not taking advantage of a wheelchair the answer is......DWP can, and does, exactly as it pleases and there is nothing we can do.

I do strongly advise you to ask for a MR though and if that fails take it all the way totribunal.

x

[healthylass]

Contact the CAB for advice. If your council has Money Matters contact them they got me through the appeal stage like you ESA stopped my money. It does not seem to matter how you can get past 200M even if you are in horrendous pain, it might take you 30 mins or more to walk this but if in their eyes you can then they will refuse. I eventually got ESA but on working group all I have had to do is turn up at job centre every 6 weeks for last year, they have done nothing else. Please contact either CAB/MoneyMatter for help.

[Catinhighboots]

Thank you all for your replies xx

[RibvanRey in reply to Catinhighboots]

If you did get a referral to the Wheelchair Service there is no guarantee that they would be obliged to give you a wheelchair. Their own assessment may well conclude that prolonged sitting, as in a wheelchair, would be likely to contribute to your further disability and greater pain.

Regards Rib

[furgus]

This isn't about whether you have a wheelchair or not. They believe that if you did have a manual wheelchair that you could mobilise more than 200m. If you don't want one they can't force you to have one but that wouldn't change the criteria.

If you want to take this to mandatory reconsideration you'll need to explain why you wouldn't be able to use a manual wheelchair to get points for this. Ignoring personal preference, is there another reason why you wouldn't be able to push yourself in a manual wheelchair? Would you be able to use your arms to propel yourself? This isn't limited to pain in your arms or hands, would the movement cause too much pain in your back or do you have any problems with your heart or lungs that would limit your ability?

You could go to test some. I tested power wheelchairs several months ago and the salesperson was very knowledgeable. If you write a mandatory reconsideration letter saying "I have tested several wheelchairs and I am unable to use them because ....." it'll be stronger than just saying you don't think you would manage to use one, or you don't want to. If you find you would be able to use one then you'll obviously have to look at where else you might be able to score more points.