Employment and Support Allowance (ESA)
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Depression and back pain

hi. 
I suffer from multiple problems including depression and was told I failed my medical assessment. I took it to the tribunal and failed again. They told me to wear incontinence pants for my ibs to work. 
My dr has written a letter saying that I am not fit for work but they still say in their non medical opinion I am and have to go onto job seekers instead of esa. 
I am now waiting on another medical assessment which I will probably fail again even though I walk with a stick, struggle with anxiety when out and cannot walk far or sit/stand for long. 
I would also like to add that I am 62, should really be retired. I have always worked so have paid my dues. 
Thanks 

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @jampots, and welcome! I just wanted to offer my sympathies for your situation. Hopefully a benefits advisor will be in touch soon. 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi jampots

    Sorry to hear of the difficulties in getting your ESA sorted.

    It's difficult to give very much advice online here but it might help to consider how decision makers and tribunals are supposed to address the issue of aids and appliances (e.g. incontinence pads).

    Below is an excerpt from a court case that set precedent on how this should be done...

    'If the claimant in fact normally uses a particular type of aid or appliance, then he or she must be assessed as though they were using it. If a particular type of aid or appliance has been prescribed or recommended by a person with appropriate expertise, the claimant must be assessed as though they were using it unless it would be unreasonable to use it. If the claimant does not use a particular type of aid or appliance and one has not been prescribed or recommended, then the decision maker or First-tier Tribunal is entitled to take the view that the claimant should be assessed as if using one, but only if one is normally used by people in that situation acting reasonably in all the circumstances and it would be reasonable for the claimant to do the same.'

    It would be great if there is a local advice service that could you help you more with this. If you're not sure of what's available locally you could contact the Scope helpline and they should be able to direct you.

    I hope this helps

    David

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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