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ESA from IB - consciousness question

  • Zenithdancer
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10 years 8 months ago - 10 years 8 months ago #110330 by Zenithdancer
ESA from IB - consciousness question was created by Zenithdancer
Hi i'm currently filling in the medical form for ESA with the help of your guides, thank you SOOO much for those they help immensely! And with my wife's help also, we're using the electronic version (nice that the ATOS don't tell you you can get a copy on the computer, very helpful!) but even so its slow going as these questions are so triggering of my mental health condition (Bipolar with cyclothymic moods my moods can drop from OK to virtually suicidal very quickly ie over the space of several hours) even though they're about my physical health conditions as shown by the depression/mood drop that set in yesterday after spending the previous day starting to actually answer the forms and by 4am (i keep odd hours due to pain & functioning) only getting as far as Q2 plus i'd spent since thurs or fri and over the weekend on and off downloading and reading all the guides and info etc beforehand so was truly stressed out by yesterday. I am ok though, i have my wife here and she is now helping me which is making the process quicker as she can type a lot faster/for longer periods than me and help me formulate the answers. Does this mean she needs to sign it or not, she's writing as if i'm writing it as i'm basically dictating the info/most of the answers needed to her but she will help with structuring it sometimes if that makes sense?
Main question i came to ask is about the consciousness question the way its written on the form and in the guides mostly applies to epilepsy (of which i have photosensitivity) but the main thing that affects my consciousness is my levels of pain meds. At first we just wrote about the photosensitivity but then we went back and wrote about the effects of the morphine as i randomly fall asleep in my wheelchair sometimes for several hours and it doesn't matter if i'm doing something like holding a hot drink or typing on the laptop i can still randomly fall asleep so was i right to go back and put this info in and is it likely to be accepted at all?
Many thanks
SM
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago #110338 by Gordon
Replied by Gordon on topic ESA from IB - consciousness question
ZD

If your wife if completing the form using your words then she can use "I" and you can sign the form, if at any time she adds her own comments then she should use "he" and should also sign the form, in either case explain how the form has been completed and the effort it has taken as this may help you claim.

There is a lot of controversy surrounding the Staying Conscious descriptor, as you have already guess it is primarily aimed at epilepsy sufferers, Case Law, which is created as Decisions are challenged, has ruled that falling asleep, however precipitous, does not count as becoming unconscious, that does not mean that you should not include details of how you are affected, but I think it unlikely that you will score extra points for the effects of your medicine in this context.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Zenithdancer
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10 years 8 months ago - 10 years 8 months ago #110348 by Zenithdancer
Replied by Zenithdancer on topic ESA from IB - consciousness question
Thanks Gordon, that helps unfortunately we can't simply use he/she as we're both female, sorry should have pointed that out. I will and have noted the problems with filling the form in though and will get her to sign it as well anyway.

Another question i meant to ask is as i only have limited contact with my gp and consultant and no contact for some for their diagnosis (as they were so many years ago and nothing has changed, i just have to live with them/keep taking the pills) can my personal assistant be used as one of the references it does say on the form you can use a support worker or personal assistant, i ask as she is directly employed by me through direct payments so would that preclude her from being a reference, she knows my day to day care best apart from my wife as she see's me five days a week and knows how my disabilities and health problems affect me. Note: don't suggest using my social worker she just wouldn't "help" the situation unless it was purely based on the facts of a care assessment which i doubt ATOS would interpret in a useful way (sorry trying to word this without saying too much if you know what i mean).

Many thanks
ZD
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago #110349 by Gordon
Replied by Gordon on topic ESA from IB - consciousness question
ZD

Yes you can use your personal assistant, however, ATOS only contact a claimants medical references in about 25% of claims, so it might be of more value if your PA writes a personal statement about your conditions and you attach this to the ESA50.

They should state who they are, their relationship to you and how often they see you and then they can describe how you are affected by your conditions and what limitations you have, whilst you should not put words into their mouth, if they can relate your problems directly to the ESA Descriptors that you think that you meet, then this will be of additional help. Finally they need to sign it.

In addition, you should be able to access your medical records.

Requesting your medical records

Charging for medical records

Gordon

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

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