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11 years 8 months ago #90260 by sally-jane
new diagnosis was created by sally-jane
Hiya one and all,

Despite being told from my GP in the past that I have arthritis/arthrosis & had a diagnosis in 1993 of viral rheumatoid arthritis & treatment for it, & explained to me that it was the re occurring type.
It has now been decided with new mri scans/bone scans over the last 3 months, that it is not arthritis but to quote the GP, 'only fibromyalgia and chronic fatigue syndrome/ ME'.
How useful is that !!
I have asked in writing by email to my GP to send me to a specialist/consultant in the field of these latest findings.
I am in the SG & will be assessed in April of next year.
I do not intend to inform them of the changes until I am sure it is all correct & that I have suitable documentation /analysis/prognosis etc. Which I expect will take the best part of 9 months.therefore leading up to the next round of ESA50 form filling etc.
My concern is how do ATOS/DM/DWP define such illnesses of Fibromyalgia/CFS/ME within the scope of ESA etc.
How successful is it to be in the SG with such illnesses etc. I am pretty certain I got in with the Rheumatoid Arthritis & its ramifications.
My GP seems rather blase/unhelpful/uninterested about these new diagnosis.
Help please

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11 years 8 months ago #90261 by Gordon
Replied by Gordon on topic Re:new diagnosis
PCN

Whilst I can find no definitive definition of what counts as a Change of Circumstances for ESA, I believe that a new or changed diagnosis does, so you need to consider carefully how long you wait before contacting the DWP about this.

Both FMS and ME/CFS are I believe counted as physical illnesses for the purposes of ESA. There are no statistics I can reference regarding SG placement for either of them, but I do know of claimants with one or both ilnesses who have been placed in the Support Group.

Gordon

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago #90263 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:new diagnosis
pusscatsmum wrote:

Hiya one and all,

Despite being told from my GP in the past that I have arthritis/arthrosis & had a diagnosis in 1993 of viral rheumatoid arthritis & treatment for it, & explained to me that it was the re occurring type.
It has now been decided with new mri scans/bone scans over the last 3 months, that it is not arthritis but to quote the GP, 'only fibromyalgia and chronic fatigue syndrome/ ME'.
How useful is that !!
I have asked in writing by email to my GP to send me to a specialist/consultant in the field of these latest findings.
I am in the SG & will be assessed in April of next year.
I do not intend to inform them of the changes until I am sure it is all correct & that I have suitable documentation /analysis/prognosis etc. Which I expect will take the best part of 9 months.therefore leading up to the next round of ESA50 form filling etc.
My concern is how do ATOS/DM/DWP define such illnesses of Fibromyalgia/CFS/ME within the scope of ESA etc.
How successful is it to be in the SG with such illnesses etc. I am pretty certain I got in with the Rheumatoid Arthritis & its ramifications.
My GP seems rather blase/unhelpful/uninterested about these new diagnosis.
Help please


From my experience as a WRO & SSAT Tribunal Member ( now retired). As Gordon states there is no definitive of what constitutes a change of circumstances in ESA. Therefore one needs to look at Incapacity Benefit (IB) which some claimants are still on, but awaiting transition to ESA.

With IB only the following are listed as a change of circumstances :

you do any work including voluntary work

you start training and get a training allowance

you change your address

you have been in hospital for 52 weeks and part of your benefit is paid for another adult or child

you go abroad

However, my advice would be to contact your local JobCentre Plus which pays your ESA and inform them that you now have a new diagnosis and ask if this counts as a change in circumstances.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
11 years 8 months ago - 11 years 8 months ago #90265 by bro58
Replied by bro58 on topic Re:new diagnosis
Hi PCM,

Just to add to what the other Mods have advised, remember you qualify for either the WRAG or SG of ESA by fulfilling the necessary descriptors.

The WCA is a test of your "Capabilities" not what illnesses or conditions you suffer with.

The fact that your health conditions have now been given a different diagnosis, does not necessarily mean that your "Limited Capability" has altered, in other words you may still be suffering the same symptoms and limitations as before.

Have a look at "Changes you must tell us about" for ESA, from Page 15 of the ESA40 leaflet, which can be viewed from this link :

www.direct.gov.uk/prod_consum_dg/groups/...lasset/dg_172082.pdf

bro58
Last edit: 11 years 8 months ago by bro58.

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  • lily321
11 years 8 months ago #90269 by lily321
Replied by lily321 on topic Re:new diagnosis
I don't think it matters which illness you have, I have been put in Wrag group and I have Me and M s and can hardly walk, don't know how they work it out :(
Lily

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  • panther50
11 years 8 months ago #90277 by panther50
Replied by panther50 on topic Re:new diagnosis
I don't know about the ESA side of it, I think they say they go on how your symptoms affect you more than the diagnosis, but I would ask them to check you for lupus SLE if they haven't already. The symptoms are very similar to rheumatoid arthritis, it's often characterized by chronic fatigue and is often missed by GPs and even rheumatologists. I hope you don't mind me suggesting this.

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