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ESA med with no mental health consideration

  • SJB
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8 years 10 months ago - 8 years 10 months ago #135276 by SJB
:(
I was called for a medical based on the last form I submitted, maybe 2 years ago. There's no chance to answer questions following the guidance in this website because they insist on physicals. So 'can you do the washing up' - my answer is rarely as the depression means I just have can't be bothered, why does it matter, attitude; and my drugs make me sleepy. That's discounted as I can physically stand up and use my arms to move things around. Cleaning house? Not often, again because I'm too depressed and it's only when someone visits and tells me to get the hoover out, or helps me to clean up - doesn't count, because physically I can handle a hoover, bend, and lift.

When I received the report of my medical there were things in there that they hadn't asked - they said I could stand for an hour - with two broken toes and a badly injured right ankle from last year I can walk but it will hurt and I'll take painkillers. Standing around is not feasible.

Whilst they did record my long term drugs, they didn't take the short-term ones - Zopiclone and Clonazepam into account which the doctor had given me after I had a breakdown in reaction to a tragedy. I've had repeated breakdowns and they know that but they recorded two of my head injuries, not all the ones that were on the form.

They cherry-picked from my answers more or less.

I'm not going to commit suicide, despite thinking about it daily. I'm actually reasonably happy to have something to do and be able to get some meaning back into my life, but if the jobcentre puts me under too much stress, like insisting on 35 hours a week (sorted, now 15) or I can't jump through their hoops I'll be back to square one.

So, the upshot is, mental health is not a consideration. If physically someone's theoretically able to do something then that's ok for work.

So me with 3 degrees, years of high-level consulting in a computer systems field, could be asked to be a receptionist. I'll start designing my coffin now, well, metaphorically.
:unsure:
Last edit: 8 years 10 months ago by . Reason: tick.

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8 years 10 months ago #135303 by Gordon
Replied by Gordon on topic ESA med with no mental health consideration
SJB

I am afraid that ESA separates physical activities from mental health ones and vice versa. The law is worded such that a claimant should not receive points for a physical descriptor if the cause of their limitations is a mental health one, so based on your post I would not expect you to score points for the problems you describe.

Did you describe any problems you have with questions 11-17 on the ESA50 as these are the Descriptors that deal with mental health problems?

Unfortunately the test is not whether you can stand, but whether you can stand or sit, so even you could show that the statement that you can stand with your current injuries was unreasonable, unless you can also show that you cannot sit for 1 hour then you would still not score points.

Gordon

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

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8 years 10 months ago #135327 by petrocelli
Replied by petrocelli on topic ESA med with no mental health consideration
:woohoo: Hi SJB

First may I extend my heartfelt empathy.

If you have the time/wherewithal I wonder if you might know your reassessment due date?

Like so many other members, who are also holding their breath and nervously watching the Postie, am just trying to gauge where they might be up to on reassessments!

I hope you’re able to muster up all the strength you’ll need to get through the road of process ahead of you and whilst I know it will feel of no consolation whatsoever, I’m sure all the members of this wonderful site, quietly feel each others dread and angst and route for each other.

All the best.
P.

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