- Posts: 459
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- ESA: Care needs in demonstrating limitations
× Members
ESA: Care needs in demonstrating limitations
- MariW
- Topic Author
- Offline
Less More
10 years 7 months ago - 10 years 7 months ago #110643 by MariW
ESA: Care needs in demonstrating limitations was created by MariW
Is the amount and type of care a claimant requires throughout a day taken into account when applying for ESA? I appreciate that ESA is not DLA/PIP but a claimant’s care requirement is surely one means of demonstrating physical and/or psychological limitations.
Last edit: 10 years 7 months ago by .
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
10 years 7 months ago #110644 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA: Care needs in demonstrating limitations
No, care needs are not considered within the ESA assessment unless they can be linked to the specific descriptors.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MariW
Please Log in or Create an account to join the conversation.
- MariW
- Topic Author
- Offline
Less More
- Posts: 459
10 years 7 months ago #110647 by MariW
Replied by MariW on topic ESA: Care needs in demonstrating limitations
In writing of draft answers I have tried to demonstrate how 24/7 care requirements gel with physicall limitations that meet the LCWRA descriptors. No good...?
Please Log in or Create an account to join the conversation.
10 years 7 months ago #110649 by
Hi MW,
As you know, DLA is awarded for care needs and/or mobility limitations.
ESA is awarded due to having Limited Capability for Work (LCW) and/or Limited Capability for Work Related Activity. (LCWRA)
A high level of care needs could be used to indicate that a claimant also has a high level of limitations with respect to The ESA WCA.
However, it would be important to tie the care needs to the limitations and the relevant ESA descriptors.
It would not be enough to simply state that, e.g. as one is in receipt of HR Care that they then automatically have LCW and/or LCWRA.
If that was the case all HR Care DLA recipients would be exempt from the ESA WCA, which is not the case.
bro58
Replied by on topic ESA: Care needs in demonstrating limitations
MariW wrote: Is the amount and type of care a claimant requires throughout a day taken into account when applying for ESA? I appreciate that ESA is not DLA/PIP but a claimant’s care requirement is surely one means of demonstrating physical and/or psychological limitations.
Hi MW,
As you know, DLA is awarded for care needs and/or mobility limitations.
ESA is awarded due to having Limited Capability for Work (LCW) and/or Limited Capability for Work Related Activity. (LCWRA)
A high level of care needs could be used to indicate that a claimant also has a high level of limitations with respect to The ESA WCA.
However, it would be important to tie the care needs to the limitations and the relevant ESA descriptors.
It would not be enough to simply state that, e.g. as one is in receipt of HR Care that they then automatically have LCW and/or LCWRA.
If that was the case all HR Care DLA recipients would be exempt from the ESA WCA, which is not the case.
bro58
Please Log in or Create an account to join the conversation.
- MariW
- Topic Author
- Offline
Less More
- Posts: 459
10 years 7 months ago #110661 by MariW
Replied by MariW on topic ESA: Care needs in demonstrating limitations
Thanks, bro588,
I am only making reference to care needs where there is an obvious relationship to extreme incapacity to perform an activity or task. I don’t want too much clutter. Like Radika, I am repeating much of the same information from question to question in relation to the different LCWRA descriptors.
I am only making reference to care needs where there is an obvious relationship to extreme incapacity to perform an activity or task. I don’t want too much clutter. Like Radika, I am repeating much of the same information from question to question in relation to the different LCWRA descriptors.
Please Log in or Create an account to join the conversation.
- shrinathji
- Offline
Less More
- Posts: 382
10 years 7 months ago #110665 by shrinathji
Replied by shrinathji on topic ESA: Care needs in demonstrating limitations
Hi MariW,
I think I know where you are coming from.
In my friends ESA I have stated that although she mobilises with a crutch, however, there are days due to her Fabro where she cannot grip her crutch and it would be unsafe to use it, so she has to rely on someone else to hold onto as she has severe CRPS in her knees.
Hope this helps.
Radhika
I think I know where you are coming from.
In my friends ESA I have stated that although she mobilises with a crutch, however, there are days due to her Fabro where she cannot grip her crutch and it would be unsafe to use it, so she has to rely on someone else to hold onto as she has severe CRPS in her knees.
Hope this helps.
Radhika
The following user(s) said Thank You: MariW
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, latetrain, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris