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ESA Appeal - Chronic Pain Condition Recognition?
- sheep
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11 years 6 months ago #92608 by sheep
ESA Appeal - Chronic Pain Condition Recognition? was created by sheep
Hi
My mother has, over the last few years, suffered from chronic pain in her right arm as a direct result from breast cancer surgery. In addition to highly restricted movement in her right arm (she is right-handed), she suffers continuous pain, at varying levels.
The condition has been diagnosed by a pain clinic doctor, but no recognition of the pain or its effects on her state of mind was made of this during the ESA assessment (from which she scored 0, as they deemed she could perform tasks with her left arm).
Essentially on a good day she has the ability to use one of her arms, on a bad day she is in agony, in tears and cannot concentrate to perform normal work type tasks. She has been able to work when it has been available, providing shifts are kept reasonably short with rest days - 16 hours per week is manageable, 30 is not.
In addition she has been treated for depression due to this and other problems.
Last years ESA decision (another 0 points score) was overturned on appeal to 18 points for both physical and mental health aspects.
We have another appeal this week, but it appears the points descriptors are this year geared even more towards mobility or behaviour, and makes no allowance for pain conditions.
Has anyone had success with demonstrating how chronic pain conditions can meet the descriptors?
Many thanks in advance.
Simon
My mother has, over the last few years, suffered from chronic pain in her right arm as a direct result from breast cancer surgery. In addition to highly restricted movement in her right arm (she is right-handed), she suffers continuous pain, at varying levels.
The condition has been diagnosed by a pain clinic doctor, but no recognition of the pain or its effects on her state of mind was made of this during the ESA assessment (from which she scored 0, as they deemed she could perform tasks with her left arm).
Essentially on a good day she has the ability to use one of her arms, on a bad day she is in agony, in tears and cannot concentrate to perform normal work type tasks. She has been able to work when it has been available, providing shifts are kept reasonably short with rest days - 16 hours per week is manageable, 30 is not.
In addition she has been treated for depression due to this and other problems.
Last years ESA decision (another 0 points score) was overturned on appeal to 18 points for both physical and mental health aspects.
We have another appeal this week, but it appears the points descriptors are this year geared even more towards mobility or behaviour, and makes no allowance for pain conditions.
Has anyone had success with demonstrating how chronic pain conditions can meet the descriptors?
Many thanks in advance.
Simon
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- Gordon
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11 years 6 months ago #92615 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Appeal - Chronic Pain Condition Recognition?
Sheep
The ESA descriptors were last updated in April 2011. it's not clear whether your mother's previous assessment was made using the old descriptors or the new ones.
One of the changes made was to remove the differentiation between limbs, resulting in a claimant needing to have problems with both arms, rather than just one as before. Unfortunately, the test are quite simplicistic, meaning that most people would still be able to perform them even with their non-dominant arm.
The law refers to significant discomfort as being the measure of whether a claimant can perform a task or not, there is no clear definition of what this means, however, it is taken to be less than significant pain.
So if a claimant experiences significant discomfort in performing a task, then they should be considered as being unable to perform that task.
In addition, it is acceped that it is reasonable to look at a persons capability for the majority of the time, so if there are periods when your mother can perform a task, as long as these are less than periods when she cannot, then again, she should be counted as unable to perform it.
I accept that these are not easy concepts to put across at a Tribunal, but we do know of members who have won on this basis, but I would suggest you try and get face to face advice to support you in this, see
Where to get advice?
or try Googling "welfare rights" with your town or county included.
Gordon
The ESA descriptors were last updated in April 2011. it's not clear whether your mother's previous assessment was made using the old descriptors or the new ones.
One of the changes made was to remove the differentiation between limbs, resulting in a claimant needing to have problems with both arms, rather than just one as before. Unfortunately, the test are quite simplicistic, meaning that most people would still be able to perform them even with their non-dominant arm.
The law refers to significant discomfort as being the measure of whether a claimant can perform a task or not, there is no clear definition of what this means, however, it is taken to be less than significant pain.
So if a claimant experiences significant discomfort in performing a task, then they should be considered as being unable to perform that task.
In addition, it is acceped that it is reasonable to look at a persons capability for the majority of the time, so if there are periods when your mother can perform a task, as long as these are less than periods when she cannot, then again, she should be counted as unable to perform it.
I accept that these are not easy concepts to put across at a Tribunal, but we do know of members who have won on this basis, but I would suggest you try and get face to face advice to support you in this, see
Where to get advice?
or try Googling "welfare rights" with your town or county included.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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