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Questions likely at medical vs. ME/CFS

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10 years 6 months ago - 10 years 6 months ago #112881 by holesinmyjumper
Questions likely at medical vs. ME/CFS was created by holesinmyjumper
Hi,

I'm looking at the questions likely to be asked in the PDF guide with a mind to preparing for them. Filling in the ESA50 form for ME/CFS type disability was very difficult as usual because the questions are worded avoid the realities of time and fatigue.

For me it's not just about good and bad days but also that a good day is only 4-6 hours long in terms of time that I'm able to do things, and those hours may lie at different times from day to day. If it's a good day then I'll be able to do almost anything anyone could ask of me, but only within that time and also subject to rebound or worsening of my condition in some cases.

The addition of:

To answer 'Yes' to any of the following questions, you must be able to do the activity safely, to an acceptable standard , as often as you need to and in a reasonable length of time. It is important to think of each question with this in mind when you answer

to the form makes a huge difference for me, so I answered the questions with this in mind since the fact is that I can't do anything regularly or whenever I need to without causing rebound or significant discomfort.

The questions in the medical (along with their "observations") seem to ignore all this and stick to the old ways of treating a single act as being equal to a universal ability, which of course is the road to denying some or all points.

How do I deal with this? Do I repeat the instruction above re safety, standard & time to the examiner then answer all questions with this as my guide? Do I refuse to give an answer if pushed to answer yes/no to questions that are simply incorrect?

Taking the example from the PDF on bathroom activity.

I do everything in the BathroomActivity list every day, but it takes me usually 2-4 hours of lying in bed resting after awakening in order to get enough energy to start the day. I could just get up but I know from experience that this will cause rebound, increasing my incapacity for the rest of the day.

So I always manage to do these things without problem, but it's not true that I could always be expected to do them, in a workplace sense. I couldn't do them repeatedly and I can't do them whenever I want: I have to wait for my body to be ready.

The same goes for the example about getting dressed.

I wonder if what I need to do is go through all of these questions one by one, matching them to my ESA50 answers and thinking how I might answer them in a way that achieves the same end. A fair bit of work I think!
Last edit: 10 years 6 months ago by Gordon.

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10 years 6 months ago #112886 by Gordon
Replied by Gordon on topic Questions likely at medical vs. ME/CFS
holesinmyjumper

Unfortunately there is no magic answer on how to deal with the questions asked at an ESA assessment.

The assessors are taught to control the conversation so it can be difficult to get across your limitations.

The first thing is to make sure you understand the question being asked, as you can see from the list, most of the questioning is indirect and the assessor will then make assumptions as to your capabilities from your answers.

As a general rule I would start your answer in the negative wherever possible and relevant, tell them what you cannot do and why, as an example;

Do you watch the TV?

No, I struggle with concentration due to the level of my exhaustion so even if the TV is on I cannot easily follow what is going on!

You need to consider your conditions as they are for the majority of the time and your answers should reflect this.

Activities are limited by significant discomfort or exhaustion, they must be repeatable within a reasonable period of time and they must be reliably completed, you should feel free to qualify any answer in these terms.

I hope this helps.

Gordon

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