Disabilty, for how much fo the time??

Can someone clarify or point me to a guide that gives an indication of the how much of the time you need to be suffering the effects of disabilty to be considered for the support group of ESA.

IE from what I have read the answer appears to be the majority of the time 51% of the time is a majority, is this correct or is it a higher percentage.

The same question for DLA where from what I read you need to have the effects of disability for 75% of the time or more.

Am I right? Wrong? Or is this an ambiguous area?

Thanks

John

John wrote:

Can someone clarify or point me to a guide that gives an indication of the how much of the time you need to be suffering the effects of disabilty to be considered for the support group of ESA.

IE from what I have read the answer appears to be the majority of the time 51% of the time is a majority, is this correct or is it a higher percentage.

The same question for DLA where from what I read you need to have the effects of disability for 75% of the time or more.

Am I right? Wrong? Or is this an ambiguous area?

Thanks

John

DLA is easier to answer for lower rate care one way to get it is unable to make a main meal so thats about 45 mins to an hour in the day 1/24

for middle rate care which is help day or night your looking at 2 lots of 20 mins plus time needing help

higher rate is care both day and night so your looking at needing help 2 lots in the day plus 20 mins same twice for night

That might answer your question, but in reality I am disabled all the time

How disabled well in my case I can answer the War Pension I have is for 60% plus the awarded on unemploy supp which means for War Pension claims I am too sick to work.... which in theory means I should get in support group my gut feeling is even with higher mobility and and middle care too I am still not sure I will make support group I have a couple of jokers up my sleeve but time will tell

I have only been bothered twice in over 15 years by IB and only filled in one IB50 and never had a medical ... I did contact them myself last year to give them paperwork showing I am now exempt IB50s just to keep the records stright as I know IB50 exempt does not exempt ESA50 I am sure I will get them sorted

Thanks Dave

A bit more info...

I have ESA/DLA appeals in 3 weeks but I just after careful consideration parted company with my solicitor due to poor advice, contradictions and differences over what way to challenge in the appeal.

Now got all the papers and I am going back to sept 2009 and I have put in most sections of ESA my problems are for 60% plus of the time.

My DLA application nov 2009 I have put my problems for 75% plus of the time.

I think I used these figures under advice rather than putting 100% of the time but in reality my problems for mobility and care are 80% to 90% of the time.

I cannot remember writing the 60% plus on my ESA but it is my writing so I did....

Anything coem to mind of reading soemthign like this anywhere???

Thanks Dave

John,

Do you not think that by stating exact percentages you are to some extent "boxing yourself in" .

Surely it is enough to prove it is simply the majority of the time, as the law states.

And use the Repeatedly, Reliably, and Safely argument.

I am not saying you are wrong, is this your own tactic, or have you been advised to do this, I am curious.

Thanks

bro58

bro58 wrote:

John,

Do you not think that by stating exact percentages you are to some extent "boxing yourself in" .

Surely it is enough to prove it is simply the majority of the time, as the law states.

And use the Repeatedly, Reliably, and Safely argument.

I am not saying you are wrong, is this your own tactic, or have you been advised to do this, I am curious.

Thanks

bro58

I dont think he is boxing himself in with the DWP 60% of the time could be 5 hours in the morning 2 in the after noon and 7 later on 60% takes up most of the waking time