ME/CFS - HOW TO COMPLETE ESA50

I have ME/CFS and am in the process of trying to complete my ESA50 which I am finding very very difficult to do. I am new here so I apologise if I am asking questions others have asked before but I don’t know my way around the forum and don’t know where those answers to those questions might be and have a very limited time to search or read material because I am very unwell right now. By this stage I am getting a bit desperate so I hope that someone will be able to help me.

I am severely affected by ME and like a lot of others am trying to get into the support group because I would not be capable of work or WRA. My best chance of that seems to be under the “mobilising” descriptor but I know that there is also an “exceptional circumstances” rule. Should claimants give evidence of how they meet the exceptional circumstances criteria when filling out the ESA50, by putting information along those lines into the “other information” section of the form - or are you supposed to wait and see what the outcome of your application is and then make a case for that on an appeal if you are unsuccessful ? I am also wondering does putting in information like that, indicating that you personally think you are a support group candidate, get the DWP’s back up and provoke them to bring you to a medical?

ME is a variable and fluctuating condition - I have been advised to write that in response to every descriptor I give information on. Is that really necessary in the case of each descriptor or would it be enough to just state that in the section of the form where you give information about your illness/disability and leave it at that?

I am also struggling with the amount of information to give. The form says to give as much information as you possibly can about the difficulties you have with each of the descriptors, and because ME doesn’t neatly fit the box ticking the DWP are offering I am finding it necessary to give a lot of information - however, at the back of my mind I can vividly remember my last medical for incapacity benefit where right at the outset of the medical the HCP criticised me for providing too much information on my IB50 [you can’t win can you?]

Any advice anyone would have on these questions and any other advice applicable to someone with ME would be really appreciated.

Steph wrote: ME is a variable and fluctuating condition - I have been advised to write that in response to every descriptor I give information on. Is that really necessary in the case of each descriptor or would it be enough to just state that in the section of the form where you give information about your illness/disability and leave it at that?

My personal approach is to tick ‘no’ for activities where, although I can do them quite a lot of the time, I can never absolutely rely on being able to do them at any given moment and I can’t repeat them – I explain that in the box underneath. The answers get very repetitive.

I understand the DWP WCA handbook says if you can’t do something reliably and repeatably and safely, you should be deemed unable to do it at all. But I don’t think the nurse who did my last WCA knew that, so it may be worth stating that explicitly on the form. (I didn't put it on my ESA50, only on my appeal submission; I was moved from WRAG to SG on appeal, without going to tribunal.)

All the best

elaine wrote:

Steph wrote: ME is a variable and fluctuating condition - I have been advised to write that in response to every descriptor I give information on. Is that really necessary in the case of each descriptor or would it be enough to just state that in the section of the form where you give information about your illness/disability and leave it at that?

My personal approach is to tick ‘no’ for activities where, although I can do them quite a lot of the time, I can never absolutely rely on being able to do them at any given moment and I can’t repeat them – I explain that in the box underneath. The answers get very repetitive.

I understand the DWP WCA handbook says if you can’t do something reliably and repeatably and safely, you should be deemed unable to do it at all. But I don’t think the nurse who did my last WCA knew that, so it may be worth stating that explicitly on the form. (I didn't put it on my ESA50, only on my appeal submission; I was moved from WRAG to SG on appeal, without going to tribunal.)

All the best

You are correct e,

It is also explained in our guides that if you cannot carry out an activity repeatedly, reliably and safely, for the "majority" of the time, (> 50% of the time) then you should be classed as not being able to do so at all.

With respect to SG entry, ESA Reg 34. (2) should also be considered :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

So it is not just for the majority of the time, but also on the majority of occasions that the claimant attempts the activities.

bro58

I have ME and the one thing I would advise you to do if called for an assessment is to bring a WITNESS AND HAVE THEM TAKE NOTES. I was once turned down for IB. When I asked for a copy of the assessor's report I found that he had not written down that I stated I could not stand up for more than 10-15 minutes. This alone would have qualified me to receive the benefit. I have an assessment next week.

Don't forget, Irisheyes, that the criteria for ESA are very different from IB. If this is your first ESA face-to-face assessment, you might find this helpful

ESA Medical – What to expect