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ESA and a condition deteriorating unpredictably

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5 years 8 months ago #215315 by mf5405
Hallo, I remember reading something somewhere in one of your guides but can't find it anymore and I wonder if I understood it correctly.

It said that if a condition can deteriorate in a way which is unpredictable, it can be argued that the condition effects that person in that way even if it doesn't happen on the majority of occasions.

Sorry I can't explain myself clearly.

Example if the deterioration follows a general pattern, but the pattern is not strict and a person can't always control it so that for example a person can't walk 50 meters on that particular day when there is a sudden deterioration, but this happens on 2/3 days a week, so not the majority of time.

In this case a person can argue that she cannot walk 50 meters.

Am I correct in this assumption?

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5 years 8 months ago #215324 by Gordon
mf

You must be able to complete the PIP activities "reliably" and on the "majority of days", these terms are explained in our PIP Claim guide.

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

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #215558 by mf5405
Thank you Gordon.

I was referring to ESA, not PIP.

I have now found the chapter I was thinking of, it is on page 32 of the guide: "ESA and UC on mental health grounds":

"Or you may sometime be able to do an activity and sometime not, without any way of being able to predict which will be the case. This is less an issue of your condition being variable and more about you being unable to rely on your ability to do a specific activity on any given occasion.
We would argue that in this case you should count as not being able to do it, at least for the majority of the time, because you can never predict whether you can do it or not"

It is clear enough, but would this argument be accepted? I am wondering about in a case where a person is on certain days not able to concentrate enough to learn how to do a task like learning how to use a washing machine.

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5 years 7 months ago #215594 by Gordon
Mf

Apologies, however, the requirement to be able to complete the ESA activities reliably still applies although it is not defined in the legislation as it is for PIP.

You can certainly make the argument documented in the guide however it's effectiveness will depend on;

- your having a mental health issue or cognitive problem consistent with your having this problem?
- how often you are affected in this way?
- the degree to which you are affected?
- whether you have evidence to show this issue?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mf5405

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