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ESA Renewal Advice Needed
- Vikki Bell
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14 years 1 week ago #34521 by Vikki Bell
ESA Renewal Advice Needed was created by Vikki Bell
Hi there,
Like many i've had to fight to get my illness recognised within the ESA guidelines. Having been through an appeal to the Upper Tribunial successfully I now find myself at the daunting stage of going through the reassessment. The thought of going through this whole process yet again is terrifying.
Does anyone have any advice or experience on the reassessment process. To be honest, there is no difference in my condition than the information I gave on the first ESA 50.
All advice welcome, please!
Kind regards
Vikki
Ps I suffer from M.E so i'm not 100% whether the current assessment has now been adapted to take into account fatigue etc?
Like many i've had to fight to get my illness recognised within the ESA guidelines. Having been through an appeal to the Upper Tribunial successfully I now find myself at the daunting stage of going through the reassessment. The thought of going through this whole process yet again is terrifying.
Does anyone have any advice or experience on the reassessment process. To be honest, there is no difference in my condition than the information I gave on the first ESA 50.
All advice welcome, please!
Kind regards
Vikki
Ps I suffer from M.E so i'm not 100% whether the current assessment has now been adapted to take into account fatigue etc?
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- Steve Donnison
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14 years 1 week ago #34555 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:ESA Renewal Advice Needed
Hi Vikki,
Firstly congratulations on fighting all the way to the UT and winning, that's a real achievement.
The reassessment process is, sadly, no different from the original assessment. Sometimes an award will be made just on your ESA50 or on medical evidence from, say, your GP. On other occassions a medical will be necessary. The DWP tend to have little regard for the fact that a tribunal came to a different conclusion from the Atos health professional.
Fatigue should always have been taken into account for the work capability assessment - in that regard it is no different from the personal capability assessment for inacpacity benefit.
So, you should certainly stress the effects of fatigue on your ability to carry out both physical and mental activities with reasonable repeatability.
Good luck,
Steve
Firstly congratulations on fighting all the way to the UT and winning, that's a real achievement.
The reassessment process is, sadly, no different from the original assessment. Sometimes an award will be made just on your ESA50 or on medical evidence from, say, your GP. On other occassions a medical will be necessary. The DWP tend to have little regard for the fact that a tribunal came to a different conclusion from the Atos health professional.
Fatigue should always have been taken into account for the work capability assessment - in that regard it is no different from the personal capability assessment for inacpacity benefit.
So, you should certainly stress the effects of fatigue on your ability to carry out both physical and mental activities with reasonable repeatability.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Vikki Bell
- Topic Author
14 years 1 week ago #34571 by Vikki Bell
Replied by Vikki Bell on topic Re:ESA Renewal Advice Needed
Thanks for your reply Steve!
Has the WCA been adapted to take into account fatigue now then?
Kind regards
Vikki
Has the WCA been adapted to take into account fatigue now then?
Kind regards
Vikki
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- Steve Donnison
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14 years 1 week ago #34575 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:ESA Renewal Advice Needed
Hi Vikki,
Not that I'm aware of. But it has always been the case that fatigue pain and discomfort should be taken into account when deciding whether a claimant can carry out an activity.
Steve
Not that I'm aware of. But it has always been the case that fatigue pain and discomfort should be taken into account when deciding whether a claimant can carry out an activity.
Steve
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- Gordon
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14 years 1 week ago #34579 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Renewal Advice Needed
Vicki
I suffer from ME/CFS as well.
I'm afraid there is no allowance in the WCA for fatigue and the ATOS doctors seem to be particularly bad at following their own guidelines for taking it into account. Although it is a lot of hassle and could delay you receiving fulll benefit, you might want to consider having your medical recorded, there has been some success recently in having this done, failing this I would definitely have some attend the medical with you to take notes. In either case, answer each question with reference to your fatigue.
Wth regard to the ESA50 I believe the two things to concentrate are variability, if you are unable to carry out a test four days a week, then it is reasonable to state that that you are affected for the majority of the time. The other is "reasonable repeatability", even if you can carry out a test once in a day, if you are unable to repeat the test for a period of time or not at all, then you are deemed to be unable to complete the test at all.
Hope this helps.
Stephen
I suffer from ME/CFS as well.
I'm afraid there is no allowance in the WCA for fatigue and the ATOS doctors seem to be particularly bad at following their own guidelines for taking it into account. Although it is a lot of hassle and could delay you receiving fulll benefit, you might want to consider having your medical recorded, there has been some success recently in having this done, failing this I would definitely have some attend the medical with you to take notes. In either case, answer each question with reference to your fatigue.
Wth regard to the ESA50 I believe the two things to concentrate are variability, if you are unable to carry out a test four days a week, then it is reasonable to state that that you are affected for the majority of the time. The other is "reasonable repeatability", even if you can carry out a test once in a day, if you are unable to repeat the test for a period of time or not at all, then you are deemed to be unable to complete the test at all.
Hope this helps.
Stephen
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