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A few ESA50 questions

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12 years 5 months ago #70208 by slugsta
Replied by slugsta on topic Re:A few ESA50 questions
I have recently done my first ESA50. I have a physical impairment but still filled in sections intended for mental health claimants where it seemed relevant. The worst they can do is ignore it! :ohmy:

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12 years 5 months ago #70240 by Derek4
Replied by Derek4 on topic Re:A few ESA50 questions
You only score points for the physical descriptors if the underlying cause is a result of a physical disablement.

But UT decision CE/1222/2010 states that there is no general restriction of the mental function descriptors to incapacity arising from a mental illness or disablement. The test can be satisfied if they arise from a physical cause.

www.disabilityalliance.org/esalaw.htm#Activities

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  • krato
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12 years 5 months ago #70260 by krato
Replied by krato on topic Re:A few ESA50 questions
Thanks Gordon, Mrs Horseback and Derek!

I don't entirely understand the UT decisions, I find them confusing, but I'll have a guess. Does it mean that they regard mental health symptoms which relate from a physical cause, however they won't regard physical symptoms caused by mental health?

also on the same page:

"lack of motivation
CE/406/2010 [2010] UKUT 352 (AAC) states that Activity 15 does not concern a lack of motivation to begin tasks."

Does this mean they won't accept a lack of motivation due to Depression being the reason why you can't do tasks such as getting out of bed? If this is the case then surely the 'depression' sample answer on page 40 of the 'B&W ESA claims for Mental Health and Learning difficulties' guide would be disregarded? Or have I got the wrong end of the stick? I understand it's an example and there's a disclaimer, I'm just using it as an example.

Disregarding the core symptoms of depression (lack of motivation) seems very discriminating to me, its not like someone's depression is going to disappear upon getting a job! I hope I'm wrong about this though, because if I'm not, I'd worry about other things they'll disregard- it seems very selective!

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  • krato
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12 years 5 months ago #70261 by krato
Replied by krato on topic Re:A few ESA50 questions
oops, *Mrs Hurtyback, I apologise, my autocorrect on my phone changed it :blush:

I think I'll leave Q6 blank for the time being, as you said, the worst that would probably happen is they'll just ignore it.

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12 years 5 months ago #70266 by Gordon
Replied by Gordon on topic Re:A few ESA50 questions
Krato

This is a good example of where members need to be careful in quoting Upper Tribunal decisions, to ensure they are still relevant.

CE/406/2010 [2010] relates to the old WCA tests, specifically 15.Execution of Tasks, which was removed as a test in the March update of the WCA.

This particular ruling clarifies that it is the execution of tasks which is being tested, not whether they could be started or not, which was covered under 16.Inititiating and Sustaining Personal Action, again from the old WCA.

So to clarify, this ruling does not apply to the new WCA.

Sorry :(

Gordon

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  • krato
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12 years 5 months ago #70289 by krato
Replied by krato on topic Re:A few ESA50 questions
Thanks for clarifying that Gordon, sorry for the assumption!
I was wondering why it was 15.Executing Tasks, rather than 13.initiating and completing personal action. Does this mean lack of motivation can still be used as a reason for not starting tasks? Why do they have to make it so complicated!?

Me and my mum was working on the questionnaire last night, I was feeding her info and she was putting it into words. We managed to get 2 questions finished, and they were significantly longer than the examples in the B&W guide, is this ok, or are they more likely not to read it all if they are long? To give an example Initiating examples ended up being 2/3rd of an A4 page typed up! Also is it ok to submit it typed up? Her hand writing is similar to script and takes up quite a lot of room, so we thought typing would be best.

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