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Incontinence ESA Support Group Recent WCA 2019

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5 years 3 months ago #225353 by Zoob
Incontinence ESA suport group was created by Zoob
Sorry if this topic has been addressed previously my question is about incontience & the support group ESA .i have a spinal cord injury and wear incontinece pads continuously for bowel and bladder incontinence do I have to have leakage to qualify for support group?

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5 years 3 months ago #225379 by Gordon
Replied by Gordon on topic Incontinence ESA suport group
Zoob

I'm afraid you must meet all of the criteria to score.

9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
(a) At least once a month experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device, sufficient to require cleaning and a change in clothing. 15 points
(b) The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. 6 points
(c) None of the above apply. 0 points

For the Support Group the issue must be weekly.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Zoob

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5 years 3 months ago #225413 by ZASTRQ
A claimant I know meets the ESA Support Group descriptor for 15 points weekly basis .
And won their appeal in 2013 on mandatory reconsideration.
This is the medical evidence from a Protogram , Anorectal Physiology, Endoanal Ultrasound
1) A retocele & intussusception
2) Blunted anal sensation
3) very low resting pressure in back passage.

The claimant has no voluntary control and cannot not maintain continence the majority of the time as has no sensation at all to indicate incontinence and suffers a full evacuation of the bowel at least 3 times per week that requires a cleaning and a change of clothes.

Recently had to fill in an ESA50 form and was called in for a WCA. 2019

The assessor was only interested in the 15 point descriptor of incontinence weekly full evacuation and completely ignored the reply to the question and a 2 page document attached to the form regarding a full report documenting bowel incontinence This is what happened in the WCA;

1)Medical factual evidence from the Colorectal Surgeon Consultant was presented as suggested evidence and medical evidence dismissed
2) What kind of pads do you wear ? Do you wear the full incontinence pads and if not why not / What types do you wear ? Suggested that the big full pads controlled the incontinence and if the claimant wasn't using them it was their fault they had incontinence as claimant wasn't controlling their flow of a full evacuation of bowels.
3) asked if claimant had seen a nurse to control incontinence If not why not ? As if a nurse could control incontinence and knew more than the consultant
3) Implied that knowing where a toilet is the solution to incontinence
4) Asked why drugs were not used to control the consistency of faeces during incontinence despite being told the claimant did not have any dietary stomach problems such as IBS and the incontinence was caused due to aneroectal function
5) When asked about why only bowel incontinence was discussed the assessor replied by saying "we don't need to haul you over the coals on your other illnesses". We have what we need."

The assessor was completely dismissive about the medical evidence provided blaming the claimant for not maintaining the management of their own bowel incontinence and even though the assessor was made aware by the claimant that issues of personal dignity , psychological factors of stress and anxiety embarrassment were a major concern the assessor completely dismissed the issue. The WCA was recorded and the claimant given a copy of the tape.

Is this fair treatment ? Can the DWP /Atos fail an assessment when you have evidential proof of your condition and yet conveniently dismiss it blaming the claimant for not controlling their own incontinence and dismiss any sensitivity of the subject humiliating and degrading the claimant ?

Can a WCA be failed by placing the blame of controlling incontinence on an individual ?
Can the DWP force an individual to have operations they were told may not work and may cause unforeseen damage ?
How long can a MR take and is the claimant still entitled to benefits during this time.

My opinion is that the DWP are deliberately forcing those entitled to legacy benefits managed migration transitional protection onto natural migration to Universal Credit .

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