Getting in to the ESA Support Group with ME/CFS

Hi,
I found my way to this site having had my claim for ESA rejected, a brief history:

In 1983 I contracted glandular fever, I was so ill that I spent a week in hospital.

After having broke several bones and lost my right arm in an RTA in 1985, I returned to work, but soon after, I was suffering with continual tiredness. Medical examinations gave little explanation, although they did show a slight abnormality with my blood, this has remained until the present day.

Despite my constant tiredness, I continued to push on with life and progressed through the ranks at work, until 2000, when I “hit a brick wall” and couldn’t manage to work anymore. At that time I was diagnosed with ME. After a few months off of work, I returned on a part-time basis for a year or so, until the company forced me to gradually up my hours. My health gradually deteriorated again as the hours were increased, and finally, at 5 hours per day I could take no more, so I went sick again.

In 2002 the company weren’t prepared to keep me on anymore, so I was “forced” to make a Compromise Agreement (voluntary redundancy).

Since then I have been to see a private specialist who alerted me to food intolerances and I subsequently became aware of Multiple Chemical Sensitivities and was also diagnosed with IBS.

My GP also referred me to an NHS run ME clinic where I was taught to pace myself & not overdo things, even when I’m feeling a little bit better than normal; exactly the opposite of being found fit for work!

Since 2002 I have been on IB, but this has been reviewed to ESA this year; Despite having loads of medical history and an obvious disability, I was shocked to be awarded ZERO points!

With hindsight, I think that I was a bit vague/brief when filling out the ESA form, but as I had always been awarded IB after reviews, without any issues, I stupidly assumed that I would be ok with ESA too!

Like other forum members suffering from ME/CFS, I able to do all of the things on the questionnaire, but not all of the time or repeatedly and not without suffering afterwards. I am able to do these things because I am not a quitter, but looking after myself, especially due to having to cook for myself, due to a very restricted diet, uses most, if not all of my available energy each day, sometimes more than I have, but I get by because I have no other option.

I would so love to be able to get a job & live a normal life, like a normal person, but I know damned well that I am in no fit state to work, & forcing myself to do so, would bring a rapid decline to my already fragile health.

If I complete your “Work capability self-assessment”, I score myself at 33 points, but only by skewing the ambiguous questions in my favour. I also scored myself 15 points for “10 (a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration” because I often lose concentration, but the “concentration” bit does not feature on the ESA form that I completed, nor was I asked about this at my medical.

I also put myself in the Support Group by answering “Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort”, with a yes, because I often struggle to swallow & it can be very painful, but again the question was not structured like that on the ESA form that I completed, nor was I asked about this at my medical, so I don’t think that I’ll really be placed in the Support Group based on that.

Are the questions in your “Work capability self-assessment” exactly what the decision maker uses or are they slightly different/out of date?

I am fortunate that, due to being sensible with the compensation that I received for the loss of my arm etc, I have other incomes, but this will restrict any award for ESA to the 12 month CB limit, unless I manage to get placed into the Support Group.

My basic questions are:

Can I only get placed into the Support Group by being deemed able to answer at least one of the questions on pages 3 & 4 of your “Work capability self-assessment” form yes?

Alternatively, should I be able to get there due to the chronic nature of my illnesses/disability and the fact that attending WRAG Group activities will simply aggravate my condition?

Would it help if I could get medical evidence to suggest that I will be unable to work for the foreseeable future?

The reason for asking these questions is that, going through the Mandatory Reconsideration & Appeal processes will take a great deal of my energy and will have a very adverse affect on my health & I am wondering whether it’s worth it, if I only end up in the WRAG with payments for 12 months. It might be easier to just resign myself to the fact that I’ll have to support myself until such time as I am running low on funds; this obviously seems very unfair as I have made a great deal of NI contributions in my time!

All replies gratefully received, whether they be from staff or fellow sufferers alike!

I am also new to the forum. Sadly can't offer any words of wisdom but can empathise with your situation. My husband was diagnosed with ME/CFS in 1996 & we are now going through the transfer from IB to ESA. He was placed in the WRAG & we are appealing the decision. I found the guides on this site very useful when submitting the appeals form GL24 & am slowly gathering information for the appeal - at least I'll probably have plenty of time!! I have read about Reg 35 2b (I think) which might be applicable in the case of ME/CFS. Perhaps someone more knowledgeable can help on this.

Hi i also am an m.e suffer diagnosed in 2000 registed 2003-4 . i missed my medical on recomendation of my GP and nuerologist to wait for my test results that i had just been sent for. i notified atos and also put everything in wrighting with all copys of my appointments only to find they have stoped my monies today i asked what do i live on the reply was sorry do to the new system we cannot help .so do i take it i now have to starve

pauline edna wrote: Hi i also am an m.e suffer diagnosed in 2000 registed 2003-4 . i missed my medical on recomendation of my GP and nuerologist to wait for my test results that i had just been sent for. i notified atos and also put everything in wrighting with all copys of my appointments only to find they have stoped my monies today i asked what do i live on the reply was sorry do to the new system we cannot help .so do i take it i now have to starve

Hi pe,

It can be difficult to resolve, when you are found fit for work on a technicality such as not returning your ESA50 by the deadline given, or in your case, failure to attend a face to face.

It may be best if you answer Gordon's question, here :

www.benefitsandwork.co.uk/forum?view=top...=10&id=100027#114598

He will then try to advise further.

bro58

If when the 12 months on CB ESA runs out your savings have gone back below the threshold you may be eligible for IR ESA. Obviously I don't know your circumstances but just a thought. Also any medical evidence you get should say specifically which descriptors apply to you not just that you are unfit for work. It is the view of the DWP that Atos assessors are best placed to assess fitness for work not the claimants doctor. Finally in reference to your question;

"Alternatively, should I be able to get there due to the chronic nature of my illnesses/disability and the fact that attending WRAG Group activities will simply aggravate my condition?"

You would have to argue that your condition was life threatening and/or that the risk to your health from work related activity was substantial and that this risk could not be reduced by reasonable adjustments to your work place environment in order for this to qualify you for the Support Group.