Am I in the wrong ESA group

smileybob wrote: hi bro58,


I think I would be considered as having a bodily disablement, would this should qualify me:

I have fibromyalgia and have chronic pain and discomfort especially in my lower back, I have an old injury, I broke my L3 vertebrae (a compressed fracture). This old injury is now extremely painful due to my fibromyalgia.
Sitting, walking and standing are all extremely painful along with bending and carrying.
The longer I do any of those activities and the more I repeat them the worse it gets. I spend a lot of time lying down as this causes me the least amount of pain, although I then start to cease up if I don't move around every now and then.

Do you think this will qualify for the Support group?
If so will this link also help:

dwpexamination.org/forum/general-discuss...itis-of-lower-spine/

And Search for CE/1839/2010 [2011] UKUT 75 (AAC):

Many, Many thanks for your valued help and support

Robert

Hi sb,

No it won't help !!

The Activity/Descriptors cited are out of date, they were amended from "Walking" to "Mobilising" in 2011.

This is when the use of "the imaginary manual wheelchair scenario" was brought into play.

They were amended once more in January 2013.

I have provided you with the most current ESA SG Activity/Descriptors in the blue links previously posted.

You are of course most welcome to research on other websites, however the danger in doing so is that the information that you read may not be current or accurate.

"I think I would be considered as having a bodily disablement, would this should qualify me:"

It will already have been accepted that you suffer the above, as you have been placed into WRAG.

This means that you have been assessed as having Limited Capability for Work. (LCW)

i.e. You are "unfit for work"

However, you are deemed fit enough to take part in Work Related Activity. (WRA)

If you can gain access to The SG by qualifying as advised, not only will you have LCW, (be unfit for work) you will also be classed as having Limited Capability for Work Related Activity. (LCWRA)

i.e Unfit for work and unfit to take part in work related activity.

e.g. If you wanted to qualify under The SG Activity/Descriptor 1. :

"Activity

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

Descriptor.

1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion."

You would have to show that not only are you unable to "walk" more than the 50 metres aided or unaided without suffering severe pain, discomfort, fatigue or breathlessness, you would also have to show that it would not be reasonable to expect you to self propel a manual wheelchair unaided more than the 50 metres.

To be classed as being able to carry out any of The SG Activities, you would have to be able to do so repeatedly, reliably and safely on the majority (>50%) of occasions that you attempt them.

If you can't, you should be assessed as not being able to carry them out at all.

Any distance that you can "Mobilise" whist suffering severe pain, discomfort, fatigue or breathlessness should not be counted against the 50 Metres.

You should draw reference to evidence that confirms that you suffer from the medical condition/s, then list the limitations that you suffer as a result of the medical conditions, then tie any limitations that you suffer to the relevant SG Descriptor/s that you feel that you qualify under.

All this is fully explained in our ESA Claims Guides. and I am afraid that I cannot state whether or not you would qualify for The SG.

Only a DWP ESA Decision Maker can make that decision, although we will try to help you as much as we can within the remit of the forum.

It may help to further identify which Descriptors you may qualify under if you take our : ESA Self Test.

A footnote, as you have a CB ESA nil rate award. (No monies NI Credits only) you cannot be compelled to take part in any Work Focussed Interviews or Work Related Activity.

However, you will have to comply with any periodic reassessments, which would include an ESA50 and the possibility of a "medical".

bro58

Hi bro58

Under the exceptional circumstances heading, the section "substantial risk to the mental or physical health of any person, including you"
Would you think this would apply to me? Bending, walking, moving, sitting and standing all cause me physical pain and the more I do them the worse I get. Even when I PACE myself I find that my pain becomes unbearable. If I ignore the pain and push through it I then suffer for days after where I can do very little.
All I can do at the moment is to try and manage my condition, I'm not living any kind of normal life, even my marriage is suffering and my relationship with my 2 young boys. As a result I am also suffering from depression which would be much worse if I did not have my family to support me.

Also under the descriptors heading, "Repeatedly mobilise 50 metres"
I have to stop walking due to the pain and sit down briefly to relieve the pain. This may not be less than 50 metres to start with although I am in pain even before walking, the more I walk the less I can repeatedly walk and the pain greatens, which then becomes less than 50 metres. As I have stated above, the more I repeatedly do something the worse I get and to the stage that I will be suffering for days afterwards which severely restricts what I can do.
I cannot use walking aids as both of my arms have tennis and golfers elbow, I cannot use a wheelchair as sitting too long causes me pain and I would not be able to use my arms to move.

You have been exceptionally helpful bro58, could you please let me know what you think I should do next?

Many thanks

Robert