Last minute advice before a ESA appeal for CFS/ME

bro58 wrote: 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 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

Just in case you are reading The DM Guide, as above, here are the post 28/01/13 amendments to it, which doesn't affect the extract pertinent to your scenario :

DM Guide ESA Amendments from 28/01/13

bro58

I would still ask your mum to write a witness statement and then ask the clerk on the day at the tribunal to submit it as evidence.

Hope your appeal goes well.

Jayne wrote: I would still ask your mum to write a witness statement and then ask the clerk on the day at the tribunal to submit it as evidence.

Hope your appeal goes well.

Hi,

If the OP is going to submit any late evidence on the day, they should make sure that they take at least 4 copies, one for each of the ESA Panel, one for themselves, and a further one just in case a DWP Presenting Officer is present. (which is unlikely)

bro58