× Members

Response from Gordon re: completion of ESA form

More
8 years 1 week ago #156735 by chevy
ESA completing form. was created by chevy
I am trying to complete the physical capabilities section, and would like some help. I have ME/CFS. My condition fluctuates, however when I need to attend appointments, I use Taxi's, as I get so fatigued and experience pain stood waiting for public transport. If I have to walk anywhere It is only short distances. Some days I cannot walk at all. The problem with CFS/ME is that I am supposed to participate in graded walking therapy, but this is easier said than done.
If I have to venture further than a short local distance, I need someone with me as I get extremely dizzy, and tire easily. I don't like areas where there are crowds of people waliking towards me as this triggers brain fog systems and my concentration levels deteriorate. I have to go into cafe's etc to sit down and rest. I also get flu like systems and get really cold. This then affects my joints.
Is this a sufficient explanation for my varied condition. I am worried that the use of taxis may be detrimental to my claim.

Kind regards

Please Log in or Create an account to join the conversation.

More
8 years 1 week ago #156752 by Gordon
Replied by Gordon on topic PIP - EXTRA INFO CAN THIS BE TYPED
[quote="Vegasmania3
" post=156733]Hi All

Does the DWP allow typed answers and extra information to be included in the PIP form?

cheers

v[/quote]

Yes :)

Gordon

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

Please Log in or Create an account to join the conversation.

More
8 years 1 week ago #156753 by Gordon
Replied by Gordon on topic ESA completing form.

bridie wrote: I am trying to complete the physical capabilities section, and would like some help. I have ME/CFS. My condition fluctuates, however when I need to attend appointments, I use Taxi's, as I get so fatigued and experience pain stood waiting for public transport. If I have to walk anywhere It is only short distances. Some days I cannot walk at all. The problem with CFS/ME is that I am supposed to participate in graded walking therapy, but this is easier said than done.
If I have to venture further than a short local distance, I need someone with me as I get extremely dizzy, and tire easily. I don't like areas where there are crowds of people waliking towards me as this triggers brain fog systems and my concentration levels deteriorate. I have to go into cafe's etc to sit down and rest. I also get flu like systems and get really cold. This then affects my joints.
Is this a sufficient explanation for my varied condition. I am worried that the use of taxis may be detrimental to my claim.

Kind regards


OK, there are two aspects to this that you need to be aware of.

The Mobility test is all about the distance, so your answer needs to be in relation to this. You need to explain what you can walk on the majority of days, your worst days and your best days. For each of these you need to explain how many days you are affected in that way.

Your walking can be limited by "significant discomfort" or "significant exhaustion", neither of these is clearly defined although I can tell you that "significant discomfort" is less than "significant pain". Distances that you might walk after you experience these should not be counted. So as an example; if you can walk 200m but after 50m you experience significant exhaustion then only the 50m should be considered.

Secondly, ESA test you mobility, in addition to looking at your ability to walk, your ability to self-propel a manual wheelchair will also be considered, you do not need to use or even own a wheelchair for this to be considered, so you must also explain why you cannot self-propel a wheelchair as well as explain limitations with your walking.

This is explained in more detail in the ESA Claim guides.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: chevy

Please Log in or Create an account to join the conversation.

More
8 years 1 week ago #156801 by chevy
Replied by chevy on topic ESA completing form.
Can I please confirm that I have understood this right.
1. I need to score 15 points from the in work related activity group.
2. If less than 15 points, I have to fit the criteria of 1 activity from the support descriptors.
Would 1 (ii) suffice as one of the descriptors? How does the law define repeatedly?
When you say significant discomfort is less than significant pain, do you mean in relation
to the points scored.
3. I have to show that I am at substantial risk, meaning that I cannot attend work focused
interviews or attend work programs due to my medical condition.

Finally when you said they will take into account a self propelling wheelchair, do I take this to mean that you have to use your upper body to move the chair around. which In my case would make it more difficult for me to operate.

I appreciate your help immensly

Please Log in or Create an account to join the conversation.

More
8 years 1 week ago - 8 years 1 week ago #156821 by Gordon
Replied by Gordon on topic ESA completing form.
bridie

Yes you need to score at least 15 points across the 17 questions on the ESA50 to be placed in the WRAG.

You need to meet one or more or the Support Group Descriptors to be placed in that group.

Yes 1.a(I) or 1.a(II) will qualify you for the SG.

Unfortunately the law does not define "repeatedly" so you would should take it's normal English meaning. To meet this requirement you would need to show that having walked 50m that you could not walk a further 50m due to a significant discomfort or breathlessness.

To be clear it does not mean that you would meet this criteria if you cannot walk 100m, for example; if you can walk 75m before having to stop then you would fail as the 75m is more than the required 50m.

You must be able to do this on the majority of days, so if you are only affected to this extent on three days of the week then you will not meet the criteria, but If you cannot repeat the distance on four or more days a week then you should.

You need to explain how you are on your worst days, how you are on average and how you are at your best.

No, significant pain is not relevant to the points you score. I'm trying to give you some scale in which to describe the way that "pain" limits your ability to complete the ESA activities. You are not required to complete the activities pain free, but pain that limits your ability to complete the activity will be considered.

Yes, for the Support Group the "substantial risk of harm" should be in relation to your attending WFIs and participating in Work Related Activity, there is a list of these activities in the Claim guides.

Yes, propelling a wheelchair is an upper body issue, so if you had problems with your hands wrists. elbows or shoulders then this would be a relevant issue, if you have angina or breathing problems then this would also be an issue. Finally you can argue that it is not reasonable for you to use a wheelchair, this may be because you have received medical advice not to use one or there may be issues with your storage and use of a wheelchair that would prevent problems, although there are issues with this last argument so it's not one to rely on.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by Gordon.

Please Log in or Create an account to join the conversation.

More
8 years 1 week ago #156825 by chevy
I am new to forums, so apologies if this message has already been read.

I just want to clarify the previous response, if I may:
1. I have to score 15 points to satisfy the work related activity group. Question: Can you please tell me what points I would score if I satisfied 1 d(i) and also 1d (ii) of the physical capabilities. As I read on the ME website that I would score no points for this,whereas on your guidance notes it states 6 points. I really don't know how to answer this mobility question because some days or weeks in can be 50. some 100 and so on. I cannot predict my mobility issues in advance.
2. Does the communicating with people include days when I am too tired to talk even when I have doctors and hospital appts, and I can't get my words out properly or think straight. The same applies to reading, which causes fatigue.
Would I qualify for cognitive function on the basis of brain fog, and the completion of basic tasks. such as getting milk from the fridge, putting it back and then realising no milk was poured into the cup, so I have to repeat the task.

Furthermore can you please clarify the definition of repeatedly.
Am I correct that using a self propelled wheelchair requires use of the upper body.
Finally
Alot of these descriptors seem difficult for someone with ME

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.