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ESA "Substantial Risk" descriptor

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12 years 10 months ago #56770 by Gordon
Replied by Gordon on topic Re:ESA "Substantial Risk" descriptor
Andy

I too suffer from ME/CFS, so I share your frustration :)

Suitable evidence, would be from your GP or better still a Consultant, stating that a return to work would be dangerous and why.

Gorodn

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

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  • Gertie
12 years 10 months ago #56778 by Gertie
Replied by Gertie on topic Re:ESA "Substantial Risk" descriptor
What are you appealing against?

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  • kathy1
12 years 10 months ago #56866 by kathy1
Replied by kathy1 on topic Re:ESA "Substantial Risk" descriptor
Hi Andy,

I understand completely where you are coming from with regards to evidence(medical) in support of your claim. A persons pain, exhaustion and mental state is subjective therefore it's the person themselves who can provide the best evaluation of how their health would be severely affected by having to work.

However, with having to go through the tribunal process myself, supportive medical evidence from your GP is necessary in addition to your own claim.

Fedup is right, if you advise them simply that you can commit to 2-3 hours a day then thats what they will say you are fit to work in a day. What I think you need to do is pay particular attention to the things you do and how you are affected by doing these in detail.

For eg, take making a cup of tea where you have to grip and hold a kettle to pour, yes you maybe able at a point in your day to make yourself a cuppa and grip the kettle long enough to pour one cup, but say two others want a cuppa as well and you have to pour 3 cups, will your grip last long enough to allow you to do this.

Or another example, brushing your floor. Can you brush your full living room floor with out stopping to rest all in one go. If you have to stop, how long would it take until you can carry on again. What parts of your body would this type of activity affect, how long does the pain last.

And something else to consider, can you commit to a regular timetable or is your condition so unpredictable that you cant really commit to anything regular because you just don't know how you are going to be from one hour to the next.

Is your condition manageable for you because you are under no pressure within the confines of your own home, but if you were found to be fit would your condition deteriorate to an extent that this would be detrimental to both you physical and mental health.

Give plenty of detail and plenty of examples of how you can prove what you are saying.

Kathy

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