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TOPIC: activity 15 and 16 identical?

Re:activity 15 and 16 identical? 8 years 9 months ago #42890

  • youngsteptoe
thanks derek.

there seems to be a cigarette paper betwwen
15 and 16 and is it the case that in future
there will be fewer activities to gain points on in the mental health section.
still awaiting my appeal april 2011 or
beyond.nice lady at the tribunal service
told me backlog of 25000(north west england)

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Re:activity 15 and 16 identical? 8 years 9 months ago #43053

  • The Thing
DepressedDerek wrote:

Hi youngsteptoe

Although it is possible to lose points on Activity 15, as a tribunal is a complete rehearing of the case, depending on what boxes you ticked on the ESA50 questionnaire, it may be possible for you to argue on appeal that you should have scored 15 points for Activity 15. This of course only applies if you feel that it takes you twice as long, etc... At the very least you should provide evidence to support the 9 points that you already have.

However, as you scored 0 points for Activity 16 you need to make a strong case that explains why you satisfy this Activity, and hopefully only 6 points will be required. You basically need to argue that you cannot, due to cognitive impairment or a severe disorder of mood or behaviour, initiate or sustain personal action without requiring frequent verbal prompting given by another person in the claimant’s presence, at the very least.

I trust you have or will study the ESA appeal guide which contains detailed information about the entire process.

Good luck

Derek


Hi Derek

How is one best to argue that someone cannot substain personal action without constant verbal prompting given by another person in the claiments presence.

Would a good idea be to get a supporting letter from a social worker who works for the local Mental Health team that someones partner has to give constant verbal prompting with everday tasks such as getting out of bed, getting dressed and washed ect.

Did you attend your ESA medical alone.

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Re:activity 15 and 16 identical? 8 years 9 months ago #43071

Hi Headinawheelchair

To be perfectly honest, I am unclear whether 'without frequent verbal prompting' actually requires the claimant to have somebody to prompt him. Strictly speaking, if you live and spend most of your time on your own, you are failing to carry out the activity without frequent verbal prompting, so in my opinion you should score points. Unfortunately I have yet to see any case law regarding this point.

If you have a social worker or anyone else who has to prompt you, it is definitely worth getting a witness statement to support your case.

I took a friend with me to the medical, though he stayed in the waiting room during the assessment. I later bought him a drink as I felt I would probably have failed the medical if I attended on my own. In fact, I told my friend prior to the medical that if I get run over by a car on the way, don't call an ambulance, just carry me to the medical center to be assessed for fitness to work :laugh:

Regards

Derek

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Re:activity 15 and 16 identical? 8 years 9 months ago #43074

  • youngsteptoe
just goes to show if you do bring someone
with you fail on the activity of social interaction because they reason if you
have a mate or mates you have no
problems with social interaction.but
my case was that i went alone to the
medical as i had nobody to go with me
and home visists are sa rare as hens
teeth.and surprise surprise i failed
because the h.c.p states client has no
problems with meeting new people and
getting to doctors apointments.

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Re:activity 15 and 16 identical? 8 years 9 months ago #43079

The only way to be sure of scoring points for coping with social situations is to stay at home all day with no contact with other people.

You then have to go out in the dead of night when nobody is about and scavenge for food out of food waste boxes. Shops and supermarkets are out of the question.

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Re:activity 15 and 16 identical? 8 years 9 months ago #43088

  • kathy1

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