× Members

ESA50 Wording

More
3 years 4 months ago #265664 by WF2K
Replied by WF2K on topic ESA50 Wording
Hello again, I hope everyone's doing ok :)

I have yet more questions!

When I answered the steps question, I mentioned that I have problems with pain and discomfort in my hands, arms and shoulders, so gripping/holding onto a handrail would probably cause the pain/discomfort to become worse, is that the right thing to do?

Also, Welfare Rights called yesterday to help with the form, however, they didn't really add much to what I'd already put nor did they correct what my advocate put, however.. he did mention Q10 Staying conscious when awake.. I disassociate when I'm very anxious and also and feel like I'm having an "outer body" experience and I also dissociate in another way where I sit and zone out, sometimes I won't even hear my son when that happens. The Welfare Rights officer added the outer body thing to the form, is that ok? Also, I was wondering if it was worth mentioning the zoning out? I don't want to put things on the form that aren't correct or don't fit the descriptors.

My last question for now is, will the assessment company give a copy of the updated ESA50 to the DWP or would I need to request they do that? I don't have a working printer at the moment, so I can't do it.

Thanks in advance :)

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

More
3 years 3 months ago #265745 by WF2K
Replied by WF2K on topic ESA50 Wording
Hello,

can someone help me with coping with changes please?

I was just looking at it and I'm not sure that the information that someone has put for me is correct or not, so I wanted to check.

In regards to planned changes, part of what the person put was "Even planned changes I find very difficult. If I know for example that an appointment is coming up in few days" Can things like that be included?

I thought I'd check while I'm going through it. I want to get it sent to the woman at the assessment company this week.

Thanks in advance.

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

More
3 years 3 months ago #265755 by LL26
Replied by LL26 on topic ESA50 Wording
Hi WF2K,
Firstly, to answer about your zoning out. Yes definitely mention this. Explain what happens, and how often. Do you know how long these 'black outs' last for? Make sure you explain as fully as possible.
My advice is to put everything down. DWP are often reluctant to award points. If you can show you need points on loads if sections it is much more likely that somewhere DWP will award sufficient points to allow you to qualify you for your benefit. This is why you need to fill out all the sections that apply. Don't worry about repetition, if you end up saying the same thing 20 times, it doesn't matter!
You ask about coping with changes, yes put this in too. However as with all of the descriptors explain, explain, explain and use examples. You have stated you struggle with planned changes, explain why, maybe it causes a panic attack, perhaps you become aggressive or maybe you have to hide away and stay in your room? Whatever happens it is really important to explain what happens, the struggles you have, the effect on the next day or days etc.
Really nothing is off limits, I appreciate you may feel embarrassed to mention things or you might feel that it is so stupid ir careless. Again don't worry firstly it is really important to explain everything and secondly problems such as incontinence while being embarrassing comprise easy points for UC or ESA, and therefore should always be noted on claim forms.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: WF2K

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

More
3 years 3 months ago #265763 by WF2K
Replied by WF2K on topic ESA50 Wording
Thank you LL26.

I didn't know if it included appointments with them being preplanned things, if that makes sense?

Is this ok? It's part of coping with changes, It's what Welfare Rights put.

"Even planned changes I find very difficult. If I know for example that an appointment is coming up in few days, I get anxious as soon as I know about it, I worry about it, I struggle to sleep and get stomach pains. I will often put things off and will cancel appointments as I struggle to cope with them. I have cancelled appointments for example with my GP on numerous occasions as I have gotten too anxious to go. As a result of this I will only make appointments when I have to and I am very worried about something."

Sorry about asking loads of questions, I really just want to be sure there's nothing the assessor the DWP can pick at.

I have a couple of more questions as well.

I'm a bit worried in regards to evidence, because anything I had they've already got and it's all old because in regards to my mental health, I tried whatever had been offered but nothing helped but I have again recently been referred to a psychiatrist and in regards to my physical health, I was simply diagnosed with FM after again trying whatever was offered for different health conditions and again nothing helped, I can't take painkillers due to swallowing and stomach problems, the GP was weary about giving me painkillers. Would a supporting letter from the GP help at all? Problem is, it wouldn't say how my health affects me because the GP's there don't know me well enough. My son is writing a supporting letter, he's my carer as well and is pretty much with me for 99% of the time. I did wonder if they'd look at the GPFR that was sent for my PIP review.

I also added in "other information" about the fact I have tried various things to help myself mentally and psychologically but nothing has helped etc. I wanted to make sure that they didn't try and use "no med" "no treatment" as an excuse as they did in my PIP review.

Special circumstances, I've been told 29 and 35 would apply to me and to request it on the form?

I honestly can't wait until this is over and done with. The assessment is on the 22nd of November, unless they cancel again... I hope not, I made sure to get an appointment for the morning due to my anxiety.

Thanks to everyone for taking the time to respond.

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

More
3 years 3 months ago #265788 by LL26
Replied by LL26 on topic ESA50 Wording
Hi W2FK,
The coping with change paragraph is good, but give more explanation about the level of anxiety and stomach pains, and how long these last. What is the anxiety like, any physical symptoms etc explain these. Have you got specific examples of delaying a GP visit, which has then meant that your health has seriously deteriorated due to lack of treatment, eg an abscess that burst, or something that needed hospital treatment, which could have been avoided? Or it could be that you have sat at home in serious pain to avoid the GP?
Saying things like 'often' eg often put off appointments is vague and DWP will dismiss this as often is imprecise. Say things like eg 'I have cancelled 4 appointments for the GP this month due to severe anxiety. I did manage to get to the GP last week, as I had chest pain. I also cancelled at least 3 appointments last month...'
For coping with change - do you get upset/anxious if someone moves stuff in your home? Think about how you like food, what if there was no Heinz baked beans on the shelf, and this is your favourite brand, would it bother you, would you get anxious etc? If you were going on a journey to visit a friend and there was an accident ahead and you couldn't get through, and traffic was diverted, how would this make you feel? These sorts of things are all things that you might want to consider under this section.
If you had medical reports for PIP send these. (They won't get sent automatically to UC/ ESA department of DWP) Even a somewhat old medical report can be helpful, especially if it explains your condition. Yes, a statement from your son as carer would be good too. Also from GP if you can get it. GP would surely know that you are anxious, cancel appointments and can of course confirm diagnosis and medications.
Including about your medications, general background is also good.
To clarify - regulations 29 and 35 are similar worded regulations - the first applies to having limited capability for work, and reg 35 is a limited capability for work related activity.
You can use these when you don't score 15 points and hence otherwise wouldn't be able to get UC/ESA. (The descriptors are exactly the same for both benefits.)
Basically 29/35 regulations say that there would be a substantial risk to your physical/mental health, (or the health of another person) if you were found capable of work (reg29) or work related activity (35). So, for example if the stress of attending work, the journey there and back, or even things like attending an interview, makes you so anxious that you become very ill for several days means these regulations could apply. In one case a lady had a serious latex allergy, and since a lot of office equipment contained latex she succeeded in arguing reg 29/35. other examples include very volatile behaviour leading violence to others. So there is scope to argue various things as long there is a substantial risk, which can't be mitigated by some 'reasonable adjustment' in the workplace.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: WF2K

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

More
3 years 3 months ago #265830 by WF2K
Replied by WF2K on topic ESA50 Wording
I have a little update, my son sent the form and two letters to the assessment company, I then received a call, not sure why they always insist on speaking to me when they know I struggle with my anxiety, anyway, the man said that they had just gotten my ESA50 etc and that they'd also requested information from my GP and did I want to go ahead with the assessment or wait until the GP responds, they said they give them two weeks to respond, so I spoke to my son and he suggested cancelling it until they get the support info from my GP.

Just wondering why after 3 months they've now decided to ask my GP for more info.. I mean it doesn't bother me because my mental health is something that's been a problem for years and I've recently been referred to a psychiatrist again, it's more the physical stuff I'm concerned about, I don't know what they do or don't know about my physical health.

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid