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ESA and type 1 diabetes

  • Sharon037
  • Topic Author
13 years 5 months ago #33149 by Sharon037
ESA and type 1 diabetes was created by Sharon037
Hi all. I am preparing for my fathers ESA tribunal. He was registered blind last year after loosing his sight due to having type 1 diabetes for 50 years. He was a driver so had to give up work. He is now 62. I appreciate that measures can but put into place to help people who are blind work so his sight loss does not mean he could not work it is the unpredictability of the diabetes but the ESA keep focusing on his sight.

He had 5 hypoglycaemic attacks this month to a point of near or actual unconsciousness. He no longer knows when his blood sugar will drop this low as it happens within a couple of minutes. When his blood sugar is low his comprehension is affected and physically he has great difficulty moving due to understanding what he needs to do and that his muscles do not function correctly.

He also has incontinence. We have told them he has little warning and has fully evacuated his bladder before getting to the toilet.

He also has arthritis in his shoulders and he has just been diagnosed with peripheral neuropathy.

If anyone can provide advice on how they have explained the effects of long term diabetes and the effects on their well being I would appreciate it.

Sharon

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13 years 5 months ago #33151 by Steve Donnison
Replied by Steve Donnison on topic Re:ESA and type 1 diabetes
Hi Sharon,

I'd say you just explained the issues very cogently in your post, which you could very well provide as a written submission to the tribunal.

As well as the physical descriptors that may apply to your father, also ask the tribunal to consider the exceptional circumstances regulations. There's more about these in the guides.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 5 months ago #33155 by DRAGON2009
Replied by DRAGON2009 on topic Re:ESA and type 1 diabetes
On those facts it appears

a) somewhat inexplicable that your father failed the medical

b) highly probable that he will win at the tribunal

However it isnt clear whether he failed the Work Capability Assessment wholesale, or that your greviance is that he has not been put into the support group

As ane example of the points system take a look at the one's regarding visual impairment

the below are the points

* Cannot see at all - 15 points. You would pass the test.
* Cannot see well enough to read 16 point print at a distance of greater than 20cm - 15 points. You would pass the test.
* Have 50 per cent or greater reduction of visual fields - 15 points. You would pass the test.
* Cannot recognise a friend at 5 metres - 9 points. You would not pass the test.
* Have 25 per cent to 49 per cent reduction of visual fields - 6 points. You would not pass the test.
* Cannot recognise a friend at 15 metres - 6 points. You would not pass the test.

This should give you an idea

Best of luck

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  • justme12
13 years 5 months ago #33158 by justme12
Replied by justme12 on topic Re: ESA and type 1 diabetes
Hi Sharon,
sounds like another case of ESA madness. From my own appeal I think pointing the Tribunal in the direction of the issues likely to bring you most points should be a good strategy. The only thing I could suggest is focusing on the other issues beside the blindness possing the most problems (and likely to award the most points!)like concentrating on the descriptor for loss of consciousness.

This descriptor might apply:

11a) At least once a week, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration (15 points).

Also look into the incontinence, which I think whould be helpful for the appeal. There was a thread on incontinence here somewhere which might be useful for you. Good luck!

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13 years 5 months ago - 13 years 5 months ago #33159 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA and type 1 diabetes
I totally agree. How could anyone fail the ESA assessment if they are registered blind, on the basis of the scores in the descriptors as detailed, if it is indeed a case of not being placed in the WRAG?

Absolutely scandalous if that is the situation!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 5 months ago by Crazydiamond.

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13 years 5 months ago #33161 by lulu
Replied by lulu on topic Re:ESA and type 1 diabetes
hi there
dont think you have anything to worry about. I am blind in one eye and partially sighted in other, peripheral neuropathy and chronic back pain, no energy and I am Type 1 diabetic(39 yrs). Dont know about your dad but I can hardly walk with my fatigue and pain. I also have asthma.Try the info. on here on help with DLA care & Mobility and write down points of emphasis to read over to ESA panel or suchlike.
Good Luck darling :kiss:

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