Definitions of 'Reliably' and 'Majority of the time' for ESA

AA

Gary has answered in regard to PIP but I believe your question is actually about ESA.

There is Case Law that postdates the RightsNet article you refer to`, see

wcainfo.net/activities/initiating-and-completing-personal-
action-lcw

I think the two examples you include in your post will struggle to show that you meet the criteria for this Activity, the actions are too separate from each other, mainly in time but also in context.

I agree with RightsNet that those assessing this task treat it too simply, you can certainly argue a more complicated scenario as suggested in the guide but if you don't address a simpler example as well then you are unlikely to score.

ESA does not have the "reliability" criteria defined in the legislation as PIP does but it is included via Case Law, unfortunately, this does make it more difficult to argue and to my mind, it is not as clearly set out.

You should be able to make the argument you suggest of showering and/or brushing your teeth. The only thing I would change is your use of the word "apathy", I think it will be viewed negatively by those reviewing you, perhaps switch it to "needing prompting" or some other similar phrase.

We can't say for certain why you scored for this activity last time. you may still be able to get a copy of the assessment report by contacting the DWP, it's an ESA85 if you had an interview and an ESA85A if it was done on the papers.

Gordon

AA

I think you will have difficulty scoring when using the examples you included. The problem is that the two halves of the activities are separated in time sufficiently that those looking at them will consider them to be different activities in which case they don't then work as examples.

If you want better ones, assuming they fit with your issues then you could say.

Having a trigger that you need to make an appointment, it could be a letter or repeating event or something else, making the appointment and then recording the appointment in a diary so you do not forget it.

Then you could do a second one, for checking your diary, arranging a companion and then attending the appointment.

In a similar vein, modify the budgeting one, so that you check your credit card balance before you do any spending and then limit that spending to your available budget.

These present much more coherently and linked tasks that those assessing can recognise as such.

Gordon

Hi Anxious Anonymous

I cannot add anything extra to what Gordon has already answered, as Gordon rightly pointed out I answered the question thinking it was for PIP.

Gary