× Members

ESA 50 - Which Box To Tick

More
11 years 2 months ago - 11 years 2 months ago #99047 by mrsrummage
ESA 50 - Which Box To Tick was created by mrsrummage
ESA 50 - Picking Up & Moving

Which box should I tick? Yes, No, It Varies. This is my first ESA 50 following on from 5 previous WCA forms - all successful, and IB awarded. My problems in both hands are worse than they were, when I was last awarded IB. I have all the medical evidence. Yes, I can pick up the 1 pint carton of milk, but I experience hand pain in both hands whenever I do so. This pain occurs all the time. If I say I can do this, by ticking that box, then the powers that be may also miss out on the fact that carrying saucepans, frying pans, jugs, kettles etc is totally unsafe, as my hands are so weak, and the pain so acute, that I regularly drop them. I have put all the details on Additional Information extra sheets of paper, regarding the milk cartons and saucepans but I don’t know which box to tick. Would welcome advice. Thanks.
Last edit: 11 years 2 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #99048 by slugsta
Replied by slugsta on topic ESA 50 - Which Box To Tick
You are allowed to discount any activity that you cannot do without severe discomfort or fatigue and also anything that you cannot do reliably, repeatedly or safely.

In my experience, it is better to say 'no, I cannot do that without pain' (for instance) rather than saying 'yes, but it hurts'.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mrsrummage, MariW

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago - 11 years 2 months ago #99050 by mrsrummage
Replied by mrsrummage on topic ESA 50 - Which Box To Tick
Thank you for your opinion. Do you think that if challenged, say at a medical, I will be seen to be lying by ticking the No box, when I can lift the carton even though it is very painful. They might then assume all my responses have to be treated with suspicion. However, can I assume by ticking Yes, that they will bother to read the additional evidence?
Last edit: 11 years 2 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #99054 by Gordon
Replied by Gordon on topic ESA 50 - Which Box To Tick

jessss wrote: Thank you for your opinion. Do you think that if challenged, say at a medical, I will be seen to be lying by ticking the No box, when I can lift the carton even though it is very painful. They might then assume all my responses have to be treated with suspicion. However, can I assume by ticking Yes, that they will bother to read the additional evidence?


The ATOS assessor may have a different opinion to you, but they will not assume you are lying.

By ticking the "Yes" box you are stating that you have no problems with this activity.

Please have a look at the ESA Claims on Physical Grounds where these issues are explained in more detail.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mrsrummage

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #99057 by Gareth56
Replied by Gareth56 on topic ESA 50 - Which Box To Tick
It states at the beginning of the Physical Functions:-

"To answer Yes to any of the following questions, you must be able to
do the activity safely, to an acceptable standard, as often as you
need to and in a reasonable length of time."


As Gordon has said the ESA Guide is an excellent reference source on this matter.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mrsrummage, jgomesuk

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.