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Can I use fitbit records as evidence?

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7 years 1 week ago #187530 by velvet
That delightful time of the ESA 50 has arrived - cant complain really its been five years since my last one. I am currently in the support group and have used this site before so have a copy of my previous questionairre to refer to.

My main problem is fibromyalgia - which is variable, invisible and not subject to a large amount of treatment. In my attempts to manage the illness about 15 months ago I got myself a fitbit which monitors everything from my heart rate to my steps. I am wondering if the records from this would be considered evidence for the claim? Would it be a good thing or a bad thing if so because obviously it does show a varied level of activity - I have a target of 6000 steps I achieve maybe half the days of the year - on once in blue moon days I have hit 20,000 (not in the last 6 months) and right now I am showing a minimum of one day a week where I do not manage 1000 steps. Then of course there is the problem with fibro that you cannot highlight one aspect - if I am reasonably active then is my brain working? What things did I not do because of doing so many steps?

I am not sure it would be allowed anyway - how can I prove they are my records (I can prove the fitbit was on all day when I do 600 steps because I have the heart trace) just wanted peoples input

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7 years 1 week ago #187547 by Gordon
Replied by Gordon on topic Can I use fitbit records as evidence?
Velvet

If you have not been reassessed for five years then you need to be aware that there have been changes to the ESA Descriptors and Regulations since then and so you cannot assume that the answers that you gave last time will still be relevant to your reassessment now.

Please make sure you download the latest ESA Claim guides from the following link to help you complete the form.

www.benefitsandwork.co.uk/help-for-claimants/esa1

As to the Fitbit I think you need to consider this carefully, whilst it may be of assistance it also be severely detrimental to your claim if it allows assumptions to be made about your capabilities.

For example 20,000 steps, I know you have not done this for some time, could easily show you walking some 15km in one day, your daily target of 6000 steps may translate to 5km and even a 1000 steps could easily be 500m-750m.

You also need to be aware that ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.

Gordon

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

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7 years 1 week ago #187563 by velvet
Replied by velvet on topic Can I use fitbit records as evidence?
How wonderful to think I have managed a whole 500 meters movement in one day :angry:

Thank you for the reply and the above statement is not aimed at you it is frustration with life. I have got the new guides and will be using them. I have only just started filling the form in - I do it on the computer so save it bit by bit.

I am a bit worried about the supporting evidence bit. I do not visit my doctor very often when stable - he is semi retired so not always available and the surgery is so swamped with new patients appointments are on a doctor phoning you to decide if you need one basis (which the doctors hate as well) and my last real visits were 18 months ago. I dont have a carer or other professional and my situation in a nutshell is I am managing my condition to keep it stable.

As for the imaginary wheelchair - I have had to use one in the past with a broken leg and I am less able to self propel than I am to walk.

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7 years 1 week ago #187566 by Gordon
Replied by Gordon on topic Can I use fitbit records as evidence?
Velvet

It's alright I did not take the comment personally :)

I'm afraid claimants need to think about context when they use thing like the Fitbit data you suggested, is the glass half empty or is it half full?

As to the evidence, you can use old evidence as long as you can show that it is still relevant to your conditions as they are now. Evidence can be important but most medical evidence only addresses your conditions and not the limitations that result, so a lack of evidence can be overcome by spending time on explaining those limitations in more detail.

Gordon

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

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