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E.S.A. Descriptors 9. & 11.

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11 years 10 months ago - 11 years 10 months ago #107722 by SusanH
E.S.A. Descriptors 9. & 11. was created by SusanH
Dear Moderators.

Sorry for the long post, I’ve tried to be as concise as possible.

I was ’migrated’ from I.B. to ESA WRAG in 2011. I did not, at that time, appeal to be placed in the Support Group for several reasons, 3 in particular.

1. I was so relived to have been transferred, without the dreaded face to face.
2. I was severely exhausted, it took months to recover, and I couldn’t face the ordeal of doing so.
3. At the time I believed the Government rhetoric, and thought (hoped) I really could get back to being able to hold down a job. When in remission, I am also in denial.

Around December 2011 to January 2012 I had 3 ‘WRAG’ interviews, including one with a Work Programme provider, culminating in being discharged from the need to attend any more by my Job Centre Advisor.

I am now undergoing re-assessment, slowly working my way through the ESA50 01/13 questionnaire.

I have several health issues, physical and mental, but my main debilitating one is Myalgic Encephalopathy (M.E.) M.E. is classed as a neurological (physical) illness by the DWP and most other bodies in the UK. Poor memory, concentration and cognitive function are, for some, features of M.E. and I am greatly affected by these.

My cognitive dysfunction is, and has been for at least 2 to 3 years, severe. So much so I am at the level of:

9. Learning Tasks. Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.

11. Initiating and completing personal action (which means planning, organization, problem solving, prioritizing or switching tasks). Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

In particular 9. which affects me around 98% of the time, while 11. is around 70% of the time.

My question is, as I don’t suffer with a learning disability, as I understand it, (I am above average IQ) how do I use these descriptors, for my neurological condition, in order to qualify for the Support Group.

Susan.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #107733 by slugsta
Replied by slugsta on topic E.S.A. Descriptors 9. & 11.
Hi Susan,

I have allowed your post this time because it will be helpful for us to have the background information that it contains :) I suggest that you bookmark this topic/thread, or make it a favourite on your web browser, so that you can easily find it in future as it will be very helpful for us to have everything in one place.

Earlier this year the ESA regulations were amended so that only conditions with a physical cause can be considered in the first part of the form, and only problems with a mental/psychological cause for the second part. We have yet to see how they are going to deal with things like ME.

However, our advice to members remains the same at this stage - use the form and make it fit your situation, rather than the other way round. Include all information wherever it seems applicable and let DWP sort it out themselves. At least they will have everything they need to make a decision, which they would not if you didn't mention things in case it went on the 'wrong' part of the form!

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

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11 years 10 months ago #107735 by Gordon
Replied by Gordon on topic E.S.A. Descriptors 9. & 11.
Susan

Unfortunately, the situation is even more complicated than it first appears, the January changes to the ESA Descriptors and Regulations, include changes that limit a claimant to only scoring points for the physical Descriptors if the have a physical condition, and the mental health descriptors if they have a mental health problem.

However, our advice remains the same, compete the form as fits with your conditions, even if that means ignoring the above! There is no definitive document that the DWP use that defines whether an illness is purely physical, purely mental, or a combination of the two, so it is down to you to argue that you should score points for these Descriptors.

Gordon

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

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11 years 10 months ago - 11 years 10 months ago #107739 by SusanH
Replied by SusanH on topic E.S.A. Descriptors 9. & 11.
Thank you for your replies, Mrs Hurtyback and Gordon.

It is very frustrating to suffer a feature of an illness, which falls into the foolish dictates of physical/ mental cause.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #107742 by Mags
Replied by Mags on topic E.S.A. Descriptors 9. & 11.
I seem to be totally bewildered with these physical and mental points, when I had my medical cancelled the receptionist said "its physical, isnt it?" to be honest I don't know cos I don't understand the difference, I would have said it was mental as its to do with my brain, can you explain it to me please?

By the way have new medical for 8th August, fingers crossed they don't loose my file again :laugh:

Mags

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11 years 10 months ago - 11 years 10 months ago #107743 by Gordon
Replied by Gordon on topic E.S.A. Descriptors 9. & 11.

SusanH wrote: Thank you for your replies, Mrs Hurtyback and Gordon.

It is very frustrating to suffer a feature of an illness, which falls into the foolish dictates of physical/ mental cause.


Many sufferers of illnesses such as ME/CFS also suffer from depression, although any worsening of the depression by tiredness may still be ignored.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.

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