ESA for Client with Diabetic foot Ulcers

Hi,

I have a client who has diabetes which have caused ulcers on his feet. He has had to have a toe amputated as a result of infection caused by the ulcers.  He was also made medically redundant as a result of his condition.

I applied for DLA and referred to the case (CDLA/2973/1999) as his circumstances are exactly the same.  He was awarded the High Mobility rate without any problems.

I also applied for ESA. However, Atos have found him fit for work and he scored no points.  My client informed them he could walk 200 meters without discomfort.  However, the nature of his illness means he feels no pain due to numbness in his feet.  He can be causing damage to his feet without knowing it as he feels no pain.  This exertion required to walk leads to ulcers, which lead to infection and then amputation.

My client has been informed that due to a lack of blood reaching his feet, any future infection would not heal.  He has to be extremely careful when moving anywhere as the threat of further amputation is very real.

I am appealing the decision but am at a loss on what descriptors fit this case.  If anyone can point me in the right direction or if anyone has any experience in dealing with a claim like this I would be grateful for feedback.

My client also has problems with his kidneys and has sight in only one eye.  His ‘good’ eye is also failing and he is currently undergoing tests.

Cheers

Allan

Jol - 19 April 2013 10:54 AM

Substantial risk to health if found capable of work (or possibly work related activity) - reg. 29 or 35 (exceptional circumstances). He will have probably received medical advice to refrain from weight bearing on his feet as much possible, due to the risk of further ulceration, infection, amputation and in extreme cases death. The obligation to work is bound mean that he will have to weight bear more and therefore this presents a substantial risk to his health. 

Hope that helps.

Cheers

Jol

Superb, exactly what I was after.

Many thanks