ESA, case law on effect of parenting for

I suffer from ME/CFS and have an ESA medical coming up soon. I anticipate failing it because I'm recovered to the extent that I could work part time. However, the reason I'm claiming is that I'm a single parent with 2 small children. The demands of parenting mean that much of my improved energy levels, muscle stamina and strength etc are wiped out and I have very little energy left for working.

I feel penalised because I can and do do many of the day to day tasks described on the form, in the course of parenting. But they exhaust me and leave me with no energy left to work.

I am trying to apply under the exceptional circumstances rule, arguing that if I were found fit to work it would damage my children's well-being as well as my own health.

But if I have to appeal, which I think likely, is there any case law that relates to taking into account a claimants "real-world" circumstances in determining their fitness to work? like being a single parent whose health capacities are stretched to the limit by parenting?

Thank you for any help

Hi Val, just wanted to say, good question and I really hope there is!

I am single parent with 4 teenagers. At appeal, the doctor thought my life should be easier because of the children's ages; the judge gave me a knowing smile and said 'I doubt that'.

Best of luck with eeverything.

Rachel

Val wrote:

I suffer from ME/CFS and have an ESA medical coming up soon. I anticipate failing it because I'm recovered to the extent that I could work part time. However, the reason I'm claiming is that I'm a single parent with 2 small children. The demands of parenting mean that much of my improved energy levels, muscle stamina and strength etc are wiped out and I have very little energy left for working.

I feel penalised because I can and do do many of the day to day tasks described on the form, in the course of parenting. But they exhaust me and leave me with no energy left to work.

I am trying to apply under the exceptional circumstances rule, arguing that if I were found fit to work it would damage my children's well-being as well as my own health.

But if I have to appeal, which I think likely, is there any case law that relates to taking into account a claimants "real-world" circumstances in determining their fitness to work? like being a single parent whose health capacities are stretched to the limit by parenting?

Thank you for any help

Its a good question as anyone with kids know they take loads of energy and even when they are teenagers they dont get any easier...

I imo dont think the fact you have no strength left after looking after children will hold much water with atos as some people are back at work soon after children are born and doing the night feeds most people without me/cfs but with young children go into work tired.... I use to have an hours kip at lunch time after the first was born

your best bet imo is the last idea looking for case law

originaldave wrote:

I imo dont think the fact you have no strength left after looking after children will hold much water with atos as some people are back at work soon after children are born and doing the night feeds most people without me/cfs but with young children go into work tired

Just to be clear here, being tired and having ME/CFS are two completely different things. Comparing the two is analagous to comparing someone who's feeling a bit shaky after a shock with someone who has Parkinson's. Or someone who's feeling a bit vague with someone who's got Alzheimer's.

regards
Rainbowlight

Rainbowlight wrote:

originaldave wrote:

I imo dont think the fact you have no strength left after looking after children will hold much water with atos as some people are back at work soon after children are born and doing the night feeds most people without me/cfs but with young children go into work tired

Just to be clear here, being tired and having ME/CFS are two completely different things. Comparing the two is analagous to comparing someone who's feeling a bit shaky after a shock with someone who has Parkinson's. Or someone who's feeling a bit vague with someone who's got Alzheimer's.

regards
Rainbowlight

rainbow
you dont have to make it clear to me I am aware and able to tell the differance its not me you have to convince and as i made clear i said it wont hold much water with atos ... nor has it as reported on hear by other froum members ... sometimes depending on the make up of the tribunal not held much water with them either


as you said ......trying to apply under the exceptional circumstances rule, arguing that if I were found fit to work it would damage my children's well-being as well as my own health.

is what your trying to do all i posted is what your going to be up against

I agree that working could be bad for you and the children

the other thing your up against is parliments view on mothers and work with the constant dropping of the age before a mother has to go back to work.

get expert advise take in everything everyone say and keep your fingers crossed

Hi Dave, it was Val who is concidering the special circumstances.

I know your style of writing Dave so knew exactly what you meant, it may take others a while as it did me!

ME has very similar symptoms as early pregnancy imo.

To turn this into a question! (sorry mods)
where do I find case law?

Best wishes,
Rachel