New ESA50 received – which rules apply?

I have chronic fatigue syndrome, I was awarded ESA from 13/03/12 having previously claimed IB. When my year of contribution-based ESA ran out I was shifted onto income-based ESA from 12/03/13.

I've now been sent one of the new ESA50 forms (ESA50 01/13, with the heading “Cancer treatment – for completion by a healthcare professional” on p.20).

I've read B & W's advice about the changes to the WCA from 28/01/13 at www.benefitsandwork.co.uk/news/2203-esa-...al-test-change-chaos.

Am I right in saying that, because I was initially awarded ESA before 28/01/13, the old rules still apply to me even though I've been sent one of the new forms?

The change that worries me is the stipulation that “only a claimant with a physical condition can satisfy the physical descriptors and only a claimant with a mental health condition can satisfy the mental descriptors”. Like most people who have ME/CFS, I have both physical and mental impairment and my claim certainly could be affected were the decision-makers to ignore the latter. I don't know whether ME/CFS is considered by the DWP to be a physical rather than a mental condition, if so this would be extremely arbitrary on their part.

If I am not subject to this particular change in the rules I will be mightily relieved, although very much concerned of course for others who are adversely affected.

KennyF wrote: I have chronic fatigue syndrome, I was awarded ESA from 13/03/12 having previously claimed IB. When my year of contribution-based ESA ran out I was shifted onto income-based ESA from 12/03/13.

I've now been sent one of the new ESA50 forms (ESA50 01/13, with the heading “Cancer treatment – for completion by a healthcare professional” on p.20).

I've read B & W's advice about the changes to the WCA from 28/01/13 at www.benefitsandwork.co.uk/news/2203-esa-...al-test-change-chaos.

Am I right in saying that, because I was initially awarded ESA before 28/01/13, the old rules still apply to me even though I've been sent one of the new forms?

The change that worries me is the stipulation that “only a claimant with a physical condition can satisfy the physical descriptors and only a claimant with a mental health condition can satisfy the mental descriptors”. Like most people who have ME/CFS, I have both physical and mental impairment and my claim certainly could be affected were the decision-makers to ignore the latter. I don't know whether ME/CFS is considered by the DWP to be a physical rather than a mental condition, if so this would be extremely arbitrary on their part.

If I am not subject to this particular change in the rules I will be mightily relieved, although very much concerned of course for others who are adversely affected.

Hi KF,

As you have received the "New" ESA50 01/2013, you will be assessed under the post 28/01/13 ESA Regulation amendments.

You might wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to our updated ESA Claims Guides that take into account the amendments, under the heading :

"New ESA50 form"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

"only a claimant with a physical condition can satisfy the physical descriptors and only a claimant with a mental health condition can satisfy the mental descriptors”

This is indeed correct, however you should still list all your limitations where you feel that they are appropriate.

It is up to The DWP DM to pick the bones out of the information that you are supplying.

If you fail to provide information, as above, then it cannot possibly be taken into account.

Remember, it is the limitations suffered as a result of you medical conditions that are important, rather than the condition itself.

You may find some helpful information on this website :

www.actionforme.org.uk/get-informed/publications/

Please reply to this topic if you have any further queries.

bro58

Thank you bro58, oh well I'll just have to get on & hope for the best. As you say, all I can do is list all of my limitations where appropriate.

Thanks also for the link to Action for ME, they have a very useful guide to filling in the ESA50 which I hadn't seen before. They also point out how worrying the new rule about physical and mental descriptors is for ME/CFS sufferers and that no one knows at this point what the implications might be.

Best wishes, Kenny

KennyF wrote: Thank you bro58, oh well I'll just have to get on & hope for the best. As you say, all I can do is list all of my limitations where appropriate.

Thanks also for the link to Action for ME, they have a very useful guide to filling in the ESA50 which I hadn't seen before. They also point out how worrying the new rule about physical and mental descriptors is for ME/CFS sufferers and that no one knows at this point what the implications might be.

Best wishes, Kenny

You're welcome KF.

Please keep us updated, and pose any queries that may crop up to this topic.

bro58