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Understanding Chewing/Swallowing food ESA
- craig3474
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Due to the removal of my jaw, i can barely even finish a meal without frequently stopping to eat because i have so much pain when i chew from my jaw and neck. I have severe spasms and lock jaw.
Apparently its normal with oral cancer patients . I sometimes have to have my food blended with soup as it can be too unbearable to eat
I have great difficulty with chewing and swallowing. i am also restricted to the width i can open my mouth.
But every time i have filled out my ESA form, i have stated this and how extreme my condition is, but it obviously does not have any effect on my scoring as I'm always put into the work related category.
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- Gordon
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I'm not sure what additional information you are looking for as your post is substantially the same as your original one.
This is the Descriptor that you are being tested against.
16. Chewing or swallowing food or drink
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.
From what you have posted only 16(b) would seem to apply.
So you need to show that you have to;
- repeatedly stop while you eat, this might be due to a variety of reasons such as; muscle ache, issues with breathing e.g. synchronising breathing and eating, the effort involved in making your mouth work, etc.
OR
- experience breathlessness, this would be a more extreme example of balancing your eating with breathing, where the act of eating is actually impacting on your ability to breath.
OR
- You experience severe discomfort
The Descriptor I have included is the legal definition, so the wording is important. As I indicated, "discomfort" is not the same as "severe discomfort" so if you said that you experienced the former, then I would not expect you to meet the criteria.
Do you take any pain killers before, with or after you eat, pain medication may suggest that you are experiencing more than just discomfort.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- craig3474
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Thanks Gordon, ill be sure to word it correctly
Appreciated
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- craig3474
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- Gordon
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CCJ wrote: P.S sorry to be a nuisance, i believe i meet descriptor 16(b) fully, does this entitle me to be put into the Support Group?
Confused!
That is what we have been talking about for the last 11 days!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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