× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA Appeal propel a wheelchair

 < 1 2 3 > 

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1961

Joined: 12 October 2012

I got an MR decision with exactly the same wording. Claimant’s other physical problems, which rule out using a wheelchair in any way, were ignored. Cut’n'paste,. how we love it.

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1961

Joined: 12 October 2012

And another one right here and now. And my colleague opposite me has yet another.

fran.elkington
forum member

ECIl - Information & Advice

Send message

Total Posts: 7

Joined: 5 July 2010

I have seen this exact scenario written in quite a lot of ESA assessments now so its clearly the latest thing they are adding to avoid giving points to the claimant. I have raised several times now the fact that if the wheelchair is stored at the place of work there is then no means for the person to get home! It I worth also thinking about the upper body strength needed to self propel a wheelchair, as this is quite considerable & the effort would be too much for a lot of people especially if the ground is uneven or up hill. It is very hard work even with a really good, modern, light weight chair & I somehow think the NHS may not be providing the best, most up-to-date models.

I think this latest addition to the assessments is nothing short of scandalous & wonder if anyone has thought of raising it with the Disabilities Minister?

Mr Finch
forum member

Benefits adviser - Isle of Wight CAB

Send message

Total Posts: 509

Joined: 4 March 2011

Since this asininity is raising its head again, do they address the matter of going up two steps while using the wheelchair?

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

Levitate. Simples.

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1961

Joined: 12 October 2012

“The decision maker has considered that Magnetic Levitation (Maglev) technology could be obtained through the NHS wheelchair service or something, we’re not really thinking about it that deeply, tum-te-tum, anyways -  the use of Maglev would enable XXXXXXXXXXXXXX to mobilise more than 200 metres so he could engage in the labour market by being faster than most trains.

ClairemHodgson
forum member

Solicitor, SC Law, Harrow

Send message

Total Posts: 1221

Joined: 13 April 2016

Andrew Dutton - 21 July 2016 04:38 PM

“The decision maker has considered that Magnetic Levitation (Maglev) technology could be obtained through the NHS wheelchair service or something, we’re not really thinking about it that deeply, tum-te-tum, anyways -  the use of Maglev would enable XXXXXXXXXXXXXX to mobilise more than 200 metres so he could engage in the labour market by being faster than most trains.

ROFL

Gail Knight
forum member

Welfare rights - Halton Council

Send message

Total Posts: 103

Joined: 13 July 2010

DWRS - 15 July 2016 10:35 AM

Hi Gail

ive just got an ESA LCW decision which included the same phrase you have quoted, word for word regarding wheelchair, so I was wondering what progress you’ve had with your case?

cheers

Natalie

This particular appeal was won on Reg 29 they accepted non propel of a wheelchair but only to 200 metres 6 points only.

Worth noting though that I have another case which has the paragraph about would be able to propel a wheelchair etc etc when there is not even a mobility issue (copy and paste gone mad)

Mr Finch
forum member

Benefits adviser - Isle of Wight CAB

Send message

Total Posts: 509

Joined: 4 March 2011

Just about to put in an appeal where the decision notice contains ‘the phrase’. In addition to problems walking, the client has significant damage to one arm.

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1961

Joined: 12 October 2012

Just had an MRN which grudgingly admits that the claimant’s severe back problems rule out the wheelchair, but it then resorts to saying that he can use a stick, walks ‘2 doors away’ to his GP’s surgery every 2 weeks and goes shopping once every 2 weeks. Oh, and he ‘will walk around the house several times’  - so still 0 points.

‘Walk around the house several times’.....? Every week/day/hour/minute/second/nanosecond?  Eh????

past caring
forum member

Welfare Rights Adviser - Southwark Law Centre, Peckham

Send message

Total Posts: 1123

Joined: 25 February 2014

Own up - you have one of the royals as a client?

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

Nice one Past Caring….

Benny Fitzpatrick
forum member

Welfare Rights Officer, Southway Housing Trust, Manchester

Send message

Total Posts: 627

Joined: 2 June 2015

Surely you mean, “propelled” out of retirement?

Mr Finch
forum member

Benefits adviser - Isle of Wight CAB

Send message

Total Posts: 509

Joined: 4 March 2011

I’m just re-reading SI as it has been cited in a SoS response following a bit of cut and paste nonsense about buying a wheelchair at Argos. Funnily enough, the SoS supported the claimant’s criticism of the FTT’s reasoning in SI, on the ground that:

‘A wheelchair could readily be made available to her either by her purchasing the same or alternatively with it being provided by an employer for example’, could be said with equal applicability by any First-tier Tribunal in respect of any appellant, without indicating any proper consideration of the claimant’s actual particular circumstances.”

gw
forum member

Glasgow West Housing Association

Send message

Total Posts: 285

Joined: 24 June 2010

just received my first wheelchair decision…. , it seems to have made its way up here now..


some wheelchair ...