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lost 9 points because i went on holiday!!!!!!!!!!!

  • peterth125
  • Topic Author
13 years 3 months ago #62491 by peterth125
Just received my bundle as appealing decision to give me zero points after being on ESA for over 2 years with exactly the same problem(spondylosis,osteoporosis and sciatica) and was gutted to read Dr had awarded me 9 points as unable to sit/stand for more than 10 minutes without having to move and the decision maker had taken them away because I said to Dr I had just come back from holiday in Spain.He has obviously assumed I sat on plane for over 2 hours when in actual fact I had to keep getting up as I normally do at home.Are we banned from holidays now?Anyone else ever heard of this happening.Also anyone had an appeal recently in Durham area and could give me an idea how long the list is to get to the tribunal.Cheers
Peter

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  • originaldave
13 years 3 months ago #62499 by originaldave
peterth125 wrote:

Just received my bundle as appealing decision to give me zero points after being on ESA for over 2 years with exactly the same problem(spondylosis,osteoporosis and sciatica) and was gutted to read Dr had awarded me 9 points as unable to sit/stand for more than 10 minutes without having to move and the decision maker had taken them away because I said to Dr I had just come back from holiday in Spain.He has obviously assumed I sat on plane for over 2 hours when in actual fact I had to keep getting up as I normally do at home.Are we banned from holidays now?Anyone else ever heard of this happening.Also anyone had an appeal recently in Durham area and could give me an idea how long the list is to get to the tribunal.Cheers
Peter



I have heard about this before and know someone who also when arguing the point was told you must have sat down for longer than that based on doors closed to take off and the seat belt light going off. :) I advised someone on how to get around this and at the same time gather more information to support case.

If your going to fly make sure you make contact with the airlines "special needs department"
put into writing your problems and help needed most airlines have a nurse running the help desk but with access to the companies Drs so if you need more leg room seat near the loo or wheel chair or buggy ride to departure or oxygen on stand by

you need to give plenty of warning ... but what they agree with you they will put in writing back to you

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13 years 3 months ago #62502 by Gordon
peterth125 wrote:

Just received my bundle as appealing decision to give me zero points after being on ESA for over 2 years with exactly the same problem(spondylosis,osteoporosis and sciatica) and was gutted to read Dr had awarded me 9 points as unable to sit/stand for more than 10 minutes without having to move and the decision maker had taken them away because I said to Dr I had just come back from holiday in Spain.He has obviously assumed I sat on plane for over 2 hours when in actual fact I had to keep getting up as I normally do at home.Are we banned from holidays now?Anyone else ever heard of this happening.Also anyone had an appeal recently in Durham area and could give me an idea how long the list is to get to the tribunal.Cheers
Peter

I just want to make sure that you are aware that when the ESA descriptors were changed at the End of March the Standing and Sitting test was changed. It is no longer how long you can stand OR sit, but is now, how long you can stand AND sit.

Please have a look at our latest ESA guides as they explain all of the changes that have been made to the ESA descriptors since you were last tested.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 3 months ago #62505 by cdcdi1911
The OP has just received his appeal bundle so I suspect he was subjected to the old pre 28th March WCA.

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13 years 3 months ago #62506 by Gordon
Derek4 wrote:

The OP has just received his appeal bundle so I suspect he was subjected to the old pre 28th March WCA.

You're right, should of asked, definitely not having a good day. :blush:

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
13 years 3 months ago #62511 by bro58
Mods, couldn't the OP come on the repeatedly reliably and safely aspect here?.

i.e. He only did this going and coming back, and maybe only once per year.

bro58

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Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
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