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ESA Capability for work questions
- RobF
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I applied for ESA by phone around three weeks ago, received the "info you provided" form, with many errors, which were corrected during a subsequent call, sent off a "fit note" which they have received.
I just received the Capability for work questionnaire today but it's not obvious how I should fill it in.
The medical situation is damaged knee cartilage.
One issue is that activity-caused pain is largely delayed to the next day or later, so I can do quite a lot on a given occasion but suffer for it eventually. Do I say I can do only what will not cause delayed pain? Because that's an awful lot less, and anybody watching how I move around might find it difficult to believe.
The other main issue is that all that is liable to change quite drastically, quite soon. I have an appointment in three weeks (one week before the form has to be returned) to discuss treatment options, at which I believe I'm very likely to be offered an operation. After any op, of course, my capabilities will get worse before they get better.
It looks like the questions are aimed at people with long term conditions that aren't expected to get better, but that's not me. (Hope not anyway!) Any suggestions as to how I should answer? And should I wait until after the hospital appointment, when I'll have much more info? I believe my housing benefit claim is suspended until I get the ESA decision.
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- Gordon
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Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I would have a look at our ESA Claim guides to help you complete the form, but based on your post I think you may struggle to show that you meet the criteria for a long term award, ESA looks at 19 functional areas; 10 physical activities, 7 mental health ones and 2 specialist areas.
Those assessing you often have a poor understanding of pain and will often assume cause and direct effect, this doesn't mean that you cannot score points for a delayed reaction but you will need to explain in detail how this happens and the limits within which you need to operate in order to avoid causing yourself a problem.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions 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
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- RobF
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- Gordon
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RobF wrote: Thanks Gordon. I'm not looking for a long term award, just whatever I might be entitled to while unable to work, which I don't expect to last more than say another two or three months, though it could certainly be longer. Does that mean I should be doing something different?
No, ESA is the only benefit available to those unable to work due to sickness, injury or disability. You are receiving the same as you would on JSA.
You will continue to receive the Assessment rate until a Decision is made and it is not recoverable if no award is made. You will need to have an assessment and there are delays in this part of the process so it could be some months before a Decision is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RobF
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I have an appointment to discuss treatment options in three weeks at which I expect to be offered surgery. Should I delay returning the questionnaire (due in four weeks) so I can put the treatment info on it or is it better to send it back quickly?
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- Gordon
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RobF wrote: OK thanks. Have now looked at the relevant guide which seems great.
I have an appointment to discuss treatment options in three weeks at which I expect to be offered surgery. Should I delay returning the questionnaire (due in four weeks) so I can put the treatment info on it or is it better to send it back quickly?
You must return the ESA50 on time or your claim will be closed and there are no extensions available for it's completion. You can send additional information after the form has been returned.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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