× Members

mobilising without significant discomfort

More
7 years 10 months ago #162617 by Tab1tha75
Hi everyone

I've just joined today and would really value any advice on my ESA medical.

I have fibromyalgia and constant chronic pain; I can't sit, stand or walk without severe discomfort as my pain doesn't go below a 6/10 even after 900mg Gabapentin a day, 8 cocodamol and Tapentadol. I can't avoid severe discomfort or exhaustion, really I just swap one pain for another when I get to a 7 to 8/10, but rest and medication don't make mobilisation any easier. I get DLA higher mobility and middle care, for last 10 yrs (indefinite), and had chronic pain for 10 yrs.

I completed my ESA forms and sent evidence of my prescription and a letter from my GP confirming my diagnosis and limitations of 5 mins standing, 20m walking and less than 30 mins sitting - but after a 10 week wait I have just been invited for a face to face medical on 21st. Although I have only just joined here today, I did write the majority of my form very similarly to your guidance notes.

Having been to a tribunal for ESA 2 years ago when I moved from IB/IS (for 4 yrs) to ESA and originally given 0 points, I was awarded 15 points and put in WRAG for 2 years. My pain is probably worse than 2 years ago now, and I am really anxious about why my evidence wasn't sufficient this time and why I have to have a medical. I'm intrigued by "mobilising without stopping in order to avoid significant discomfort or exhaustion" - I know everyone's pain is subjective but is there a suggested/particularly coherent way of describing continuous pain yet still sometimes mobilising/sitting?

I do sometimes go food shopping or to the shops, or on a bus, and I'm studying for a university distance learning course (with a Disabled Student Allowance following an assessment) - but I am always in chronic pain. I'm really anxious about discussing anything to do with my life or activities after a very difficult previous tribunal experience and not having my condition acknowledged in the past. I'm really worried anything I say might be misconstrued. I am currently under the Pain clinic at the local hospital and luckily they do believe me.

Any advice would be greatly appreciated. Thanks in anticipation :) (apologies if this is a long post)

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

More
7 years 10 months ago #162638 by Gordon
Replied by Gordon on topic mobilising without significant discomfort
Tab1tha75

I would start by having a look at our ESA Claim guides

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

Although you have submitted your ESA50 you can still provide additional information up to and including the day of your assessment. The ESA50 is at best a poor representation of the legal definitions against which you will be reassessed, so it is worth your checking that you have shown that you have met these criteria.

Some immediate points for you to think about;

ESA tests your Mobility, in addition to looking at your ability to walk it also considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for this to be considered, so if you have not already done so then you need to explain why you cannot do this, assuming that you cannot.

Be careful with Standing and Sitting, the test is not how long you can stand OR sit but how long you can remain at a workstation, standing AND sitting as you need, the clock only stops when you need to move away from the workstation.

Lastly, none of the ESA activities are required to be completed pain free, however, any pain that stops you completing the activity should be considered. The guides explains this in more detail.

I'm afraid your going shopping will count against you, you need to think about how you might explain how you manage this while still being limited for the rest of the time.


The guide also covers the assessment and the questions you are likely to be asked.

If you have more questions then please reply to this post and we will do our best to help.

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.

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.