ESA

Michelle

I'm sorry to hear that you failed the assessment.

Do you know what Descriptors you met when you were transferred from IB to ESA as this would be a good place to start?

I am afraid that that the ESA Descriptors are very strict which is why our guides explain them in detail, there is very little opportunity for flexibility in their interpretation.

You can appeal the Fit for Work Decision, the first stage of this is to request a Mandatory Reconsideration, we recommend that you do this in writing, there is a template letter in our ESA MR & Appeal guide. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

If the MR does not overturn the Decision then you can appeal, at which point you will be entitled the ESA Assessment rate. If you do not intend to claim JSA, then you should speak to your doctor about getting a new Fit Note to start from the date of the Decision, you should receive a letter about this from the DWP in a couple of days.

I am assuming that you have used our guides, so I can understand if you are hesitant to re-visit them, but I think you need to go back through your answers on the ESA50 to see whether your answers actually reflect how the ESA Descriptors work. For example you appear to have expected to score points for the "Staying conscious when awake" Descriptor, this reads

10. Consciousness during waking moments.
(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 15 points
(b) At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 6 points
(c) None of the above apply. 0 points

so I am afraid that losing focus and missing things around you, would not meet the requirements of this test.

If you can tell us which questions you expected to score points for we can try and help with what they mean.

Gordon

Michelle wrote: No I never had a medical when I was awarded ESA. I never really understood any of it until recently otherwise I would of asked for a copy of the report.

Standing and sitting.
communicating with people.
getting around safely.
coping with changes. That is a big one for me.
going out.
coping with social engagement.

Standing and sitting
There are two aspects to this Descriptor that you need to be aware of.

First the test looks at your ability to sit, to stand and to stand and sit, so if you can only sit for 15 minutes due to pain but can stand for more than an hour (or vice versa) then you will not score any points as the two times will be added together.

Following on from the above, moving from standing to sitting or sitting to standing does not limit the time being considered, you have to show that you would have to move away from a work area. So as an example, if the only way for you to relive the pain of standing or sitting is for you to walk around then this should count in regard to limiting the time.

Communicating with people
This is a physical test of your ability to communicate with someone else, so if you are mute or are unable to write or use a keyboard then you would expect to score points, if you problem is due to a mental health issue then this would come under Coping with Social Situations.

Getting Around Safely
Again this a physical test and would typically apply to someone with severe sight problems.

Coping with Changes
First of all any limitation should be taken from how you are the majority of the time, so if you conditions vary then you should describe how you are most of the time and how you are when you are at your worst, in both cases you need to specify how long you are affected.

The test breaks down into three levels; any change, planned changes and unplanned changes, you need to explain how you are affected by each level, why you are affected (the condition) and what would happen if you were confronted by a change. There's an example answer for someone who has Autism in the guide, you should be able to adapt this for other conditions such as OCD and other illnesses.

Going Out
This covers your leaving the house due illnesses such as Social Phobia and Agoraphobia. If you have stated on the form that you can go to the shops "on your own" a couple of times a week then you are going to struggle to score points for the Descriptor.

Coping with Social Engagement
Unfortunately this ties in, to some extent, with the Going Out Descriptor, if you can go shopping then there will be an assumption that you can interact with a shop assistant, it may be that you do not do this and only use self-service tills, or that you never talk to the cashier, or even if you do that this is not social engagement. I have to warn you that this is one of the most difficult Descriptors to score points for.

The forum has now closed for the afternoon, but we are open again at 8pm, if you have any questions on the above.

Gordon

Michelle

Just to add.

If you have not already realised Questions 1-10 are questions about your physical health and 11-17 are about mental health.

Most of the physical questions are very specific about the circumstances they cover so I would not expect someone with purely mental health issues to be able to score points.

The mental health questions are less well defined and in principle someone with a physical condition might score points, perhaps as a result of the side effects of medication, but if the tests are applied fully by the DWP, then even this should be excluded.

Gordon