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Capacity for work medical

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7 years 5 months ago #172075 by beans
Capacity for work medical was created by beans
I have one of these exams coming up and I'm crying almost daily through sheer fear about it.

The last time I had one, I'd been pulled about for an hour and a half (I have a lot of medical problems) and because I told the woman I wasn't able to bend down to touch my toes (due to arthritis in my spine) when she asked me to, I was failed on the whole exam. I had something like 3 points in total. I had to endure months of worry and a tribunal hearing because of this and had no money to live on in the meantime, luckily I had some savings and an overdraft facility, neither of which I have available now. On arrival at the tribunal, the judge popped her head into the waiting room and told me they didn't need to see me and told me I'd won.

Since then, my health conditions have not improved. If anything they've worsened and are harder to live with than ever. I've even picked up a few more health worries. My health problems are never going to go away.

I have a degree of brain damage from bacterial meningitis which means I can't think fast enough to answer questions and remember everything at the drop of a hat. My depression was under control but now it's spiraling out of control again which is making me feel so much worse both physically and mentally. I'm not very good at explaining things and if they're not very good at listening to what I'm saying, it's over. I have no savings, no overdraft (it's maxed out and has been since the last time I faced this) and I have no parents or family who can help me out and in 1999 I was forced to move 150 miles from my home because of house prices in the south east so I don't have any close friends.

I don't know how I'm going to get through this. Is there anything at all I can say to the assessor that will help me through this process without being written off for saying something in the 'wrong' way or forgetting something pertinent? Surely there must be some concession for people with brain damage?

I collect illnesses the way some people collect clutter.

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7 years 5 months ago #172098 by Gordon
Replied by Gordon on topic Capacity for work medical
beans

Sorry to hear that this is causing you so many issues.

Did you use the ESA Claim guides to help you complete the ESA50?

There's a section at the back that covers the current assessment process, it also has a list of questions that you are likely to be asked so you can think about the answers you may give.

You do not have to carry out any activity that would cause you pain or distress, if you do refuse then make sure you explain why your are doing so.

ESA doesn't look directly at your underlying conditions, but rather the limitations that result from them, so you need to think about how your injury affects your ability to carry out the various ESA activities.

If it will help, you can take notes in to the assessment or a copy of your ESA50, again if you refer to them, explain why.

If we can help more then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: beans

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7 years 4 months ago #172257 by beans
Replied by beans on topic Capacity for work medical
Hello Gordon

I honestly can't remember anything about applying for ESA because of the brain injury I have. I forget a lot of things pretty much instantly.

Would there be a copy online of the section you mentioned regarding the current assessment process? It sounds like it would be very useful for me. I wouldn't know where to begin looking for it.

I will definitely take notes in with me - it sounds like the current assessment process information would give me ideas to help me.

I collect illnesses the way some people collect clutter.

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7 years 4 months ago #172289 by Gordon
Replied by Gordon on topic Capacity for work medical

beans wrote: Hello Gordon

I honestly can't remember anything about applying for ESA because of the brain injury I have. I forget a lot of things pretty much instantly.

Would there be a copy online of the section you mentioned regarding the current assessment process? It sounds like it would be very useful for me. I wouldn't know where to begin looking for it.

I will definitely take notes in with me - it sounds like the current assessment process information would give me ideas to help me.


Either follow the Members Only Guides link on the left of the page or the following direct link.

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

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: beans

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7 years 4 months ago #173753 by beans
Replied by beans on topic Capacity for work medical
Hi Gordon

Thank you for your help with this. I picked up something really useful when I was researching your advice - it was pretty much that the assessors weren't so interested in the diagnoses but more how the effects of the illness affected your daily life.

I went armed with a print out of exactly how my illnesses affect me in every day life as well as my usual list of diagnoses and list of prescribed medication.

This time, my assessor was a qualified doctor. He had all the information, and more, that he could possibly need and that made the whole process so much easier. It gave him a full picture of my struggles and he was genuinely great with his treatment of me. It was the complete opposite of my previous utterly inhumane experience.

I really don't know how I fared as they take 6 weeks to notify you of the outcome but I know that what I did has given me the best chance, especially as my brain injury means I forget often crucial information because there's so much going through my head at the same time.

You helped make this a whole lot easier for me and I could recommend this exercise to anyone else who would benefit from it.

Thank you!

I collect illnesses the way some people collect clutter.
The following user(s) said Thank You: Gordon

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