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ESA - activity 10 staying conscious when awake
- kk23
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1 year 7 months ago #280442 by kk23
ESA - activity 10 staying conscious when awake was created by kk23
Hi,
I’m trying to fill out the ESA form. I am confused when it comes to activity 10: staying conscious when awake, and activity 12: awareness of hazards and danger. Activity 10 is looking for physical causes and activity 12 for mental illnesses. One of the WCA appeals says that: “if a claimant’s condition which gives rise to episodes of lost or altered consciousness arises from a mental illness or disablement, that claimant will not fall within the ambit of activity 10.”
I have fibromyalgia which causes a lot of physical symptoms but it also causes mental/cognitive symptoms. I would like to say in activity 10 that my fibro fog causes altered consciousness but I am not sure if I can write it there, as fibro fog is not a physical symptom but cognitive one. In addition, fibro fog is not a mental illness, it is only a cognitive symptom of fibromyalgia which is a physical illness.
I do not know what to do in this situation. Does fibro fog count as physical symptom or mental one? Also the appeal says about mental illness, not mental/cognitive symptom, and fibro fog is a symptom not a mental illness. It is a symptom of physical illness.
I’m trying to fill out the ESA form. I am confused when it comes to activity 10: staying conscious when awake, and activity 12: awareness of hazards and danger. Activity 10 is looking for physical causes and activity 12 for mental illnesses. One of the WCA appeals says that: “if a claimant’s condition which gives rise to episodes of lost or altered consciousness arises from a mental illness or disablement, that claimant will not fall within the ambit of activity 10.”
I have fibromyalgia which causes a lot of physical symptoms but it also causes mental/cognitive symptoms. I would like to say in activity 10 that my fibro fog causes altered consciousness but I am not sure if I can write it there, as fibro fog is not a physical symptom but cognitive one. In addition, fibro fog is not a mental illness, it is only a cognitive symptom of fibromyalgia which is a physical illness.
I do not know what to do in this situation. Does fibro fog count as physical symptom or mental one? Also the appeal says about mental illness, not mental/cognitive symptom, and fibro fog is a symptom not a mental illness. It is a symptom of physical illness.
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- Gordon
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1 year 7 months ago #280452 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - activity 10 staying conscious when awake
kk23
I don't usually give such a black and white answer to a question about the criteria for meeting a descriptor but I really don't think you will score for "brain fog" or even "cognitive dysfunction" to use a more medical term, this is not an example of lost or altered consciousness.
This activity is aimed at claimants who suffer seizures or a spontaneous loss of consciousness.
I say this as someone who regularly has bouts of brain fog.
Gordon
I don't usually give such a black and white answer to a question about the criteria for meeting a descriptor but I really don't think you will score for "brain fog" or even "cognitive dysfunction" to use a more medical term, this is not an example of lost or altered consciousness.
This activity is aimed at claimants who suffer seizures or a spontaneous loss of consciousness.
I say this as someone who regularly has bouts of brain fog.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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