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Effect of ticking 'it varies' box for ME/CFS physi
12 years 4 months ago #75612 by hendrix
Effect of ticking 'it varies' box for ME/CFS physi was created by hendrix
Hi, I'm being assessed for ESA due to ME/CFS.
I have a question on the ESA50 form. The tick boxes for physical health descriptors 1 and 2 have the option to tick 'no', 'yes', or 'it varies'. After skimming through the guides I noticed, I think it was in the mental health guidance, that for some descriptors ticking 'it varies' is likely to attract no points, so I am now wary about ticking this box at all.
For mobilising, the majority of the time I can walk up to 200m but I'm not be able to repeat it for a several hours due to fatigue. On a good day I have sometimes been able to walk up to half a mile but paid for it later, I have about one good day a week. So, not sure if I should tick 'no' for 'can't move at least 200m before needing to stop' (in fact I may be able to do so at the time but suffer extreme fatigue afterwards) or 'it varies' and then rely on my explanation in the 'use this space' box. What I want to avoid is being awarded no points just because I tick 'it varies', but also don't want to get in trouble for ticking 'no' if this would be inappropriate.
Same applies to question 2, should I tick 'no' for 'i can't stay in one place either standing or sitting for at least an hour' if this is the case the majority of the time due to fatigue and discomfort or 'it varies' because there may be occasions when I am able to even though I can't do this consistently.
I suppose what it comes down to is do I apply my interpretation of the provision that 'the claimant must be able to do an activity reliably, repeatedly and safely otherwise they are considered unable to do it' or do I rely on the decision maker to apply the law correctly?
I have a question on the ESA50 form. The tick boxes for physical health descriptors 1 and 2 have the option to tick 'no', 'yes', or 'it varies'. After skimming through the guides I noticed, I think it was in the mental health guidance, that for some descriptors ticking 'it varies' is likely to attract no points, so I am now wary about ticking this box at all.
For mobilising, the majority of the time I can walk up to 200m but I'm not be able to repeat it for a several hours due to fatigue. On a good day I have sometimes been able to walk up to half a mile but paid for it later, I have about one good day a week. So, not sure if I should tick 'no' for 'can't move at least 200m before needing to stop' (in fact I may be able to do so at the time but suffer extreme fatigue afterwards) or 'it varies' and then rely on my explanation in the 'use this space' box. What I want to avoid is being awarded no points just because I tick 'it varies', but also don't want to get in trouble for ticking 'no' if this would be inappropriate.
Same applies to question 2, should I tick 'no' for 'i can't stay in one place either standing or sitting for at least an hour' if this is the case the majority of the time due to fatigue and discomfort or 'it varies' because there may be occasions when I am able to even though I can't do this consistently.
I suppose what it comes down to is do I apply my interpretation of the provision that 'the claimant must be able to do an activity reliably, repeatedly and safely otherwise they are considered unable to do it' or do I rely on the decision maker to apply the law correctly?
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