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ESA face to face - M.E and cognitive problems

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8 years 2 weeks ago #156101 by angelab
I am currently in ESA support group. I am being reassessed. Completed ESA50 in December, have a face to face assessment on Thursday. Have been on Incapacity benefit/ ESA due to ME since 2004 and last face to face was about 2007. Beginning to panic and have some questions!

I am much more affected cognitively than physically, but see in your guide that I will probably be assessed on physical illness. How will this be dealt with in the face to face?

I have trouble remembering things so my husband has helped me prepare some notes to refer to, so I get key points across. Is it a good idea to have these with me, or not?

Will I be assessed just on my answers or what they observe about how I am able to remember, respond etc?

My condition is variable and unpredictable and I can only do any activity a bit at a time, within my own time, following my pacing plan, sticking within my limits, switching between activities and taking frequent rests. I have explained this on ESA50 and have usually ticked “it varies” with an explanation in box. I see from your guide that means I won’t score any points from several of the descriptors. How should I cover this in the face to face?

Should I say that I can’t do something or say occasionally or sometimes?

This variability and unpredictably means I can’t reliably, safely, or repeatedly do most of the activities on ESA50. Should I state this?

Is it worth talking about how my attempts at work and voluntary work have always resulted in a worsening of my symptoms and that my therapist at specialist ME clinic advised me to stop my P/t work? Or shall I keep that for a reconsideration and appeal?

I also think the exceptional circumstances rules probably apply. Is this worth mentioning or leave it for reconsideration and appeal?

Would appreciate any guidance.

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8 years 2 weeks ago - 8 years 2 weeks ago #156106 by slugsta
Replied by slugsta on topic ESA face to face - M.E and cognitive problems
Hi Rosie 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 expect the face2face to be carried out in much the same manner whether your ME is regarded as solely physical, solely psychological or a mixture of both.

You are entitled to use notes to help you remember but you should explain this before the assessment starts. There may be the expectation that you will remember how and why you do things and that you would only need notes if you are making things up - so best to get that out of the way right from the start!

You should be given the opportunity to describe how many bag/good days you have and how you are at these times. If you can only do something occasionally then you should explain this.

If you have attempted voluntary work you can say so, if it seems to be relevant at any stage.

It is up to you to decide which room the assessment is held in and who you want with you. I'm afraid the assessor could arrive on time, early, late or not at all!

What to expect in the assessment is explained in our ESA guide

ESA claims and appeals

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic ! :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by slugsta.
The following user(s) said Thank You: angelab

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8 years 2 weeks ago #156172 by angelab
Replied by angelab on topic ESA face to face - M.E and cognitive problems
Thank you for your reply.

Will I be assessed just on my answers or what they observe about how I am able to remember, respond etc as well?

Also, am still a bit confused . Will I score anything for the the mental health section of my ESA50? Your Guide on WCA mental health says:

"Following changes to the law in January 2013, you can only score points for the mental
health activities if the difficulties you have with them are caused by a mental health condition
or learning difficulty, or are a direct result of treatment by a registered medical practitioner for
such a condition…………….
We don’t yet know how the DWP will treat conditions that may have both mental and physical
aspects, such as ME/CFS or multiple sclerosis. We suggest that you complete both the
physical and mental health sections and, if you are not happy with the decision, then
consider requesting a mandatory reconsideration and, if necessary an appeal"

Hope I have kept to the this topic rule :)

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8 years 2 weeks ago - 8 years 2 weeks ago #156192 by Gordon
rosieb

You'll be assessed on both and your journey to and from the assessment.

All you can do is present you case for scoring points for the activities that you have problems with, however, ME/CFS is defined by the DWP as a physical condition so you are more likely to score points for questions 1-10 than 11-17 unless you also can show that you have a mental health issues such as depression, but that is not a reason to leave 11-17 blank.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.

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8 years 2 weeks ago #156382 by angelab
Replied by angelab on topic ESA face to face - M.E and cognitive problems
Thanks. had face to face today.

Was kept waiting 1hr 10 mins, so was very fatigued even before it started. Had given egs on my ESA 50 about the negative impact waiting has on my condition. I forgot to mention some some key things during face to face. I had my notes with me, but I forget to refer to them after assessors 1st question. I would probably have coped better if I hadn't had to wait so long.

Also, was only asked only about mobility and pain and other physical activities, nothing on the cognitive activities, even though its clear from my form and medical evidence, that's my biggest problem. And thats fairly common for people with ME.

Is it worth complaining about these now or wait to see what the decision is?

Who do I ring for a copy of the assessors report from?

When will it be available to me?

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8 years 2 weeks ago #156394 by Gordon
rosieb

There's no point making a complaint until a Decision is made.

You can request the ESA85 now but it will not be sent out until after the Decision is made, you can make the request over the phone to the DWP office that was dealing with your claim or in writing if you would prefer.

Decision for ESA are taking about 2-3 weeks.

Gordon

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

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