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ESA physical descriptors and Mental illness
- annie-rose
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8 years 7 months ago #141284 by annie-rose
ESA physical descriptors and Mental illness was created by annie-rose
Hello,
I've recently had my university status downgraded to Part-time (basically I can't cope at all at the moment and am unable to attend lectures/tutorials so I've had an enforced credit reduction to part-time) so I have no automatic admission to Work related activity group, my Maximus assessment is coming up very soon and I have just been sent an ESA-50.
I was just wondering- are the ESA Maximus assessors advised not to give any points for Physical descriptors on mental health grounds? I think the guide says that they only apply if medication causes side effects, which affect the physical tasks.
For example I cannot lift a bottle/touch any communal objects, I can't touch money or press buttons, I have trouble communicating and cannot use any toilet facilities apart from those at home and with assistance but all of this is due to my psychiatric conditions. Would it be best to tick the box saying that I can do these tasks but to add information in the 'Use this space' box below?
The reason I'm wondering is if they decide I am fit for manual work but I cannot actually touch/lift/handle anything in public places then at appeal I would like to point out that I provided this information. Or would it be better to leave this out?
Thanks for your help!
I've recently had my university status downgraded to Part-time (basically I can't cope at all at the moment and am unable to attend lectures/tutorials so I've had an enforced credit reduction to part-time) so I have no automatic admission to Work related activity group, my Maximus assessment is coming up very soon and I have just been sent an ESA-50.
I was just wondering- are the ESA Maximus assessors advised not to give any points for Physical descriptors on mental health grounds? I think the guide says that they only apply if medication causes side effects, which affect the physical tasks.
For example I cannot lift a bottle/touch any communal objects, I can't touch money or press buttons, I have trouble communicating and cannot use any toilet facilities apart from those at home and with assistance but all of this is due to my psychiatric conditions. Would it be best to tick the box saying that I can do these tasks but to add information in the 'Use this space' box below?
The reason I'm wondering is if they decide I am fit for manual work but I cannot actually touch/lift/handle anything in public places then at appeal I would like to point out that I provided this information. Or would it be better to leave this out?
Thanks for your help!
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- Gordon
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8 years 7 months ago - 8 years 7 months ago #141298 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA physical descriptors and Mental illness
Ellie
I'm afraid changes to the ESA Regulations in January 2013 separate the physical and mental health Descriptors in terms of scoring points, it may still be possible to argue that physical problems can lead to mental health issues, but the reverse has never been the case.
The physical tests are exactly that, tests of the claimants physical abilities. so the Dexterity test looks at whether the claimants hand and finger movements are so physically restricted that they cannot press a button or pick up a coin, the Continence descriptor has many criteria but none of them relate to whether the claimant cannot use a toilet other than one at home.
You can certainly make your arguments but I am afraid this is a case where I would not expect you to score points for these limitations as described in your post.
You might want to have a look at the Exceptional Circumstances regulations in the ESA Claim guides, these look at the harm that a claimant may suffer if they had to work, your post mentions what you cannot do, but not what would happen if you had to and how this may harm you.
Gordon
I'm afraid changes to the ESA Regulations in January 2013 separate the physical and mental health Descriptors in terms of scoring points, it may still be possible to argue that physical problems can lead to mental health issues, but the reverse has never been the case.
The physical tests are exactly that, tests of the claimants physical abilities. so the Dexterity test looks at whether the claimants hand and finger movements are so physically restricted that they cannot press a button or pick up a coin, the Continence descriptor has many criteria but none of them relate to whether the claimant cannot use a toilet other than one at home.
You can certainly make your arguments but I am afraid this is a case where I would not expect you to score points for these limitations as described in your post.
You might want to have a look at the Exceptional Circumstances regulations in the ESA Claim guides, these look at the harm that a claimant may suffer if they had to work, your post mentions what you cannot do, but not what would happen if you had to and how this may harm you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 7 months ago by Gordon.
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