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cerebral palsy . exempt from work assessment y/n?t

  • eomunda
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13 years 2 months ago #43745 by eomunda
I am 55 have cerebral palsy, am speech impaired and hearing impaired and my cerebral palsy is being exacerbated by painful cervical spondylitis and osteoarthritis which forces me into a wheelchair. about 30 years ago I tried to work but due to my disability was rendered too slow and the physical extertion of working made me ill and my GP signed me off indefinitely as my health was being affected I am in receipt of the IB higher rate of MOB and mid rate care of DLA aall of which i have been awarded indefinitely. I also have a live in carer who helps me to eat as i have a tendency to choke on food as a result of not being able to swallow properly and other such things that most people take for granted. My question is Will I have to be assessed for the capability to work? I ask because I have read somewhere that if you are 84% plus disabled you may be exempt and i am pretty sure that i fall into this catergory. Is there anyone who can clarify this for me please as i am extremely worried. I know i cannot work and i do not want to have to prove that I am disabled as i would feel humiliated Is it not enough that i am subject to constant stares from Joes Public? Is it not enough that i have to rely on others to help me live my life? Do the government really think or care about people in my situ>

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13 years 2 months ago #43747 by Gordon
eomunda

I am afraid there is no percentage disabled value, above which you will be exempt from assessment.

In general, the process of transfer is that you will receive an ESA50, which asks you about your health and capabilities, after returning this you will be assessed; do you meet one of the exemption criteria, is your case sufficiently bad that you can be put into the ESA Support Group immediately, or do you need to attend a medical.

Based on your post, it would seem likely that you would qualify for the Support Group, but that is just my opinion and you should ensure that you provide all the relevant evidence to support your case when you are transferred.

If you want a more detailed explanation of the process, have a look at the Understanding ESA document in the Members area.

Hope this clarifies the process, if you have any other questions please come back to the forum.

Gordon

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

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  • eomunda
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13 years 2 months ago #43749 by eomunda
What other evidence should i submit? Surely if/when i present myself in my wheelchair with my carer who will speak on my behalf and have erratic uncontrollable spasms which I have no control over that should suffice? Or do they want me to take my 76 year old mother to cofrim that i have been like this all my life?

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13 years 2 months ago #43751 by Gordon
eomunda

Typically you will need to supply reports from your GP and any Consultants you receive treatment from. They will need to confirm the nature of your illnesses and how they affect you on a day to day basis.

Please have a look at the Understanding ESA document, as this question and many others that you might have anre answered in it.

Thanks

Gordon

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  • eomunda
  • Topic Author
13 years 2 months ago #43752 by eomunda
so what other evidence do i need to submit? The presence of myself in my wheelchair accompanied by my carer who will talk on my behalf while my body writhes uncontrollable spasms should suffice. Unless of course i ask my 76 year old mother to tag along and confirm that yes indeed i was born with this disability and have had it all my life. Or that i went to a special shool for disabled kids because i was too disabled to participate in a schoold for able bodied kids. Or that i was deemed intelligent enough to go on to further ed again at a college for disabled people as i was and still am too disabled to go to the average college. I apologise for this embiited statement ... but what other evidence do i submit if my body is not enoigh?

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13 years 2 months ago #43753 by Gordon
eomunda

Please see my previous post.

You will have to forgive me, but I have been Moderating since 2.00pm yesterday on what has been a fairly busy day for questions, so this will be my last post today.

Gordon

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

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