Last minute advice before a ESA appeal for CFS/ME

Ive got my appeal on Wednesday and Im dreading it. Im trying to get prepared and write a statement and some points.

My case is angled towards my problems doing any physical activity reliably and repeatedly due to the chronic fatigue I suffer from. Im quite badly affected.

I also have very bad symptoms in the morning - and apparently there is a rule which says your state in the mornings is to be assumed accross the whole day.

I have submitted GP letter and 2 healthcare practitioners but Im kicking myself for not having my mother do a letter describing how I am at home. I forgot.

Im wondering if there is anything else I need to consider. Any CFS sufferers out there who have been through this? Ive been told by the Citizens Advice Beauro its not easy winning a case with CFS...

MECFSrecovery wrote: I also have very bad symptoms in the morning - and apparently there is a rule which says your state in the mornings is to be assumed accross the whole day.

I haven't heard of this, perhaps one of the more experienced mod's will enlighten us!

I also have very bad symptoms in the morning - and apparently there is a rule which says your state in the mornings is to be assumed accross the whole day.

Not sure who told you about this rule, but it's incorrect.

Symptoms and problems caused by any disability and/or chronic illness must take account of all needs during the day, and in relevant circumstances, during the night also.

Jim
retired Welfare Rights Specialist

Hi MECFSR,

I also have very bad symptoms in the morning - and apparently there is a rule which says your state in the mornings is to be assumed accross the whole day.

This may be referring to this extract :


"Claimants treated as having limited capability for work throughout a day :

42059 :

If a claimant :

1. has LCW at the start of a day but becomes capable later that day or

2. is capable of work at the start of the day but develops LCW during the day

the whole day is treated as a day of LCW if no work is done on that day.

Note: The exception to this would be where the night shift worker provision applies (see DMG 42067)."

From the DM Guide on LCW and LCWRA for ESA @ 42059 :

DM Guide LCW & LCWRA

bro58

bro58 wrote: Hi MECFR,

I also have very bad symptoms in the morning - and apparently there is a rule which says your state in the mornings is to be assumed accross the whole day.

This may be referring to this extract :


"Claimants treated as having limited capability for work throughout a day :

42059 :

If a claimant :

1. has LCW at the start of a day but becomes capable later that day or

2. is capable of work at the start of the day but develops LCW during the day

the whole day is treated as a day of LCW if no work is done on that day1.

Note: The exception to this would be where the night shift worker provision applies (see DMG 42067)."

From the DM Guide on LCW and LCWRA for ESA @ 42059 :

DM Guide LCW & LCWRA

bro58

As seen at ESA Regulation 27 :

www.legislation.gov.uk/uksi/2008/794/regulation/27/made

bro58