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Question about ESA50

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12 years 8 months ago #62180 by smc
Question about ESA50 was created by smc
I am still plugging my way through my ESA50 and the "Picking up and moving things" section has raised a question and I wondered what people thought.

I can pick up and move the items mentioned, one or two pints of milk and also an empty cardboard box so I feel I should be ticking the top box which says "Please tick this box if you can pick things up and move them without difficulty"

If I do tick that box, can I clarify in the space below that picking up and moving heavier things do cause me a problem, full 2 litre bottles, full kettle (1.7litres)etc.....I can struggle with, should I state this or there no point?

I am really worried they won't score me enough points, physically I feel I should get 24 points but whether they will agree or not remains to be seen. I still worried about this business of physical symptoms being caused by physical conditions and mental symptoms only being caused by mental conditions, I have two chronic physical conditions but I feel I should score under some of the mental points two, my awareness of hazard for example is compromised by one of my physical conditions.

Sorry for droning on!!! :blush:

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12 years 8 months ago #62213 by Gordon
Replied by Gordon on topic Re:Question about ESA50
smc

You don't say in your post whether you can do these things all the time. Remember! If this activity causes you severe discomfort, pain, breathlessness or extreme fatigue or if you could do it once but not repeatedly or if your ability varies then you may count as not being able to do it.

However, with regard to the tests themselves, they are very specific and are a legal definition of what is required to score points, so the fact that you have problems with a two litre carton milk will not score you points.

Gordon

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

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12 years 8 months ago #62214 by Derek4
Replied by Derek4 on topic Re:Question about ESA50
Hi smc

A very recent Upper Tribunal decision suggests that you can score points in the WCA for mental health due to an underlying physical problem.

He emphasised that Part 1 of Schedule 2 is headed “Physical disablement”, which points to the underlying cause of the effect on physical function. In contrast, Part 2 of the Schedule is headed “Mental, cognitive and intellectual function assessment”, which points to the nature of the function affected, regardless of the underlying cause. There is no general restriction of the mental function descriptors to incapacity arising from a mental illness or disablement.


www.disabilityalliance.org/newdecisions.htm (scroll down to CE/1222/2010)

Good luck

Derek

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12 years 8 months ago #62280 by smc
Replied by smc on topic Re:Question about ESA50
Gordon, I guess I hadn't thought of picking up these items repeatedly, I guess because we don't really do we?

Thanks for link Derek, just hope that filters through to the assessors.

I am just so stressed about this form and stress makes my conditions worse, think having had to go through two appeals before I know too much what I might yet have to go through, plus I will have to go through it alone as CAB and WR both let me down at my previous appeals.

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