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New ESA - To tick or not to tick.

  • kathy1
  • Topic Author
13 years 1 month ago #49263 by kathy1
New ESA - To tick or not to tick. was created by kathy1
Hiya All,

I have been looking through the new ESA descriptors because like a whole lot of others, my transfer from IB to ESA should take place this year.

There are some of the physical descriptor examples where specific questions are asked and in all honesty I would by lying if i were to tick any of the particular boxes. I also feel that by ticking the box "none of the above apply" would be looked upon as me having no difficulties.

So what i have decided to do when my form arrives(providing there is no miricle in the meantime) is to tick only the boxes where the exact criteria within the question applies, and the only ones which would apply as it stands are the walking and standin/sitting descriptors.

I am however going to insert "see additional explanation sheet(sheeeeeeeets) and describe all the other difficulties I have with things such as reaching and manual dexterity, but I will not be ticking any box, even the above does not apply box.

Looking at my husbands ESA claim and tribunal bundle, it appears to me that when your application is sent from the DM to the medics, they are first asked to give an opinion as to whether or not you would qualify as having limited capability for work related activity (support group) and if not THEN you are assessed as to whether or not you have limited capability for work (WRG). and that is where the points start being awarded.

I believe that these questions(most of them ridiculous and in no way could determine someones restrictions in relation to work) on the ESA form are there for a reason and i think the reason is to mislead.

In my opinion, you need to describe the real world in detail on you application form, giving plenty of examples, based on activities you carryout throughout your day and show how you are limited/restricted in carrying out work related activity.

Does anyone else agree with me.

Kathy

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  • Survivor
13 years 1 month ago #49265 by Survivor
Replied by Survivor on topic Re: New ESA - To tick or not to tick.
There's nothing wrong with annotating your form, but do bear in mind that there's a lot less flexibility in relation to ESA than, say, DLA. You either meet or don't meet the criteria, so great detail on your form may do little to help you. Being blunt, it's not about whether you're actually fit for work, it's about whether the law, as administered by the DWP, says you're fit for work according to a narrow set of criteria.

However, as you've spotted, the questions you're asked on an ESA 50 aren't on all fours with the legal criteria for ESA, so giving more precise, relevant information isn't a bad idea.

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  • RachelPotter
13 years 1 month ago #49268 by RachelPotter
Replied by RachelPotter on topic Re:New ESA - To tick or not to tick.
Hi Kathy, I think you are totally right. I would not qualify for ESA points at all with regards the physical questions.

Even on the mental health questions, it is not straight forward.

It is entirely about reducing the numbers of people who qualify for ESA.

Best wishes,
Rachel

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  • originaldave
13 years 1 month ago #49271 by originaldave
Replied by originaldave on topic Re:New ESA - To tick or not to tick.
kathy1 wrote:

Hiya All,

I have been looking through the new ESA descriptors because like a whole lot of others, my transfer from IB to ESA should take place this year.

There are some of the physical descriptor examples where specific questions are asked and in all honesty I would by lying if i were to tick any of the particular boxes. I also feel that by ticking the box "none of the above apply" would be looked upon as me having no difficulties.

So what i have decided to do when my form arrives(providing there is no miricle in the meantime) is to tick only the boxes where the exact criteria within the question applies, and the only ones which would apply as it stands are the walking and standin/sitting descriptors.

I am however going to insert "see additional explanation sheet(sheeeeeeeets) and describe all the other difficulties I have with things such as reaching and manual dexterity, but I will not be ticking any box, even the above does not apply box.

Looking at my husbands ESA claim and tribunal bundle, it appears to me that when your application is sent from the DM to the medics, they are first asked to give an opinion as to whether or not you would qualify as having limited capability for work related activity (support group) and if not THEN you are assessed as to whether or not you have limited capability for work (WRG). and that is where the points start being awarded.

I believe that these questions(most of them ridiculous and in no way could determine someones restrictions in relation to work) on the ESA form are there for a reason and i think the reason is to mislead.

In my opinion, you need to describe the real world in detail on you application form, giving plenty of examples, based on activities you carryout throughout your day and show how you are limited/restricted in carrying out work related activity.

Does anyone else agree with me.

Kathy


I would like to agree with you, but ESA seems to have no interest in what you cant do or how you manage to do things, there is no intention to mislead.. there intention seems to me to be to find a way of getting out of you something you can do.... even if you cant :)

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  • kathy1
  • Topic Author
13 years 1 month ago #49273 by kathy1
Replied by kathy1 on topic Re: New ESA - To tick or not to tick.
Hi Survivor,

Agree with you on that, but what you can prove by including all your restrictions and limitations (in particular how for instance attempting "jobs" within your home) is how being found fit for work could be detrimental to your physical or mental wellbeing.

Kathy x

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  • Survivor
13 years 1 month ago #49278 by Survivor
Replied by Survivor on topic Re: New ESA - To tick or not to tick.
Yes, that could prove relevant to the exception where your health would be at risk, but I think it's a hard thing to show without some sort of medical evidence. No harm in trying, though.

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