ESA MR dilemma…

Hi Everyone,

ESA terminated NIL points WCA.

Blatantly incorrect. Shoddy WCA.

PIP standard care/high rate mobility agreed in the same week ESA terminated!

GP (in writing) supports 50m mobilty and therefore Support Group.

GP does not support any other descriptors other than 30min standing and sitting and not also regulation 35.

Other good quality medical evidence to include.

My dilemma is whether to just focus on the 50m mobility only or include how entitiled through reg 35 and/or descriptors even in conflict with GP opinion.

My gut feeling is to go with the 50m mobility and weight of evidence.

Ideas and opinions welcome, please?

Hi,
I tend to go with a belt and braces approach if there is good evidence to support other descriptors. The more the merrier. If this is for an MR I think it is essential to put everything in.

I did an MR for the exact same thing, PIP enhanced mobility same week as nil points for WCA. The only relevant descriptor however for this case was mobilising. MR came back still nil points and DM skirted over the PIP award. It is now at appeal stage waiting to be listed.

That’s how I started. But once I got the GP questionnare back (it’s specific to the descriptors) I worried I would be arguing in conflict with our own GP’s opinion! And now I am in two minds.

I’d reference every descriptor and Reg that you feel applies regardless of the GP opinion. I’ve also found that GP evidence is often disregarded as the DM likes to infer that the GP has been coerced or led. We seem to be having better results with medical history which can’t be interpreted as opinion. This falls down slightly when your client refuses to engage with GP but you’d have the same issue with either.

Go with the GP opinion and give them a copy of the letter of instruction to said GP, it’s then obvs that GP hasn’t been led and presents rather strong evidence for a Tribunal if it needs get that far.

I slept on it.

I think the submission and evidence is overwhelmingly in favour of the claimant on more than just moving around so have decided to appeal on what are all of the facts.

Thanks to all above.