Followed ESA50 instructions - scored 0 points...

Thanks for all of your input...

So I got back my notes and it appears they relied only on the ESA50 form (which they mostly ignored my descriptions it seems) and the medical exam. No requests for info from Doctors or official medical diagnosis.

I dont want to sound annoying but because Im a reasonably balanced person with half a brian - during the interview I spoke sensibly - and could do all the movements. Even though I descirbed in detail the difficult life I have to lead it seems like they only observed the most superficial aspects of my behaviour - and not the content of what I was saying.

Interestingly the 'nurse' who interviewed me seemed quite supportive during the interview. At the end of his report he wrote 'could consider a return to work within 3 months'. THe decision maker obviously decided to chuck me back in immediately. To me there is quite a big difference between 'considering' returning to work within 3 months - and outright JSA.

I literally scored 0 points on the ESA50 even though my 'it varies' descriptions were all pretty severe.

There are also a number of inconsistancies in what I reported and the evidence they presented on my points score:

Even Question 1:

I said:

Can you walk more than 200 meters without having to stop: NO
Can you move at least 50 meters before you have to stop: It Varies

It Varies explain:

"It depends how bad the day is. There are fluctuations in the level of fatigue - on some days I will be able to walk 50m distance - on others I will not be able to walk at all without significant discomfort, fatigue and confusion. Also - I could not do 50m distance repeatedly within a reasonable timescale. Most of the time my symptoms are sufficiently bad that my ability to repeatedly cover any distance during the day without experiencing serious discomfort and anxiety is limited."

THEY SAID:

Moving Around:
Our Assessment: You can move more than 200 meters on flat ground. (Moving could include walking, using crutches or a wheelchair).. 0 Points.
Nurse assesment:'Client walked 20 meters normally to the examination room"

The above example is Q1 where according to the way I understood it - I should have scored points...but the idea is the same throughout the physical assesment...

My question is: I need to launch my appeal - should I dispute all points I disagree with in the "Why you are appealing" section? I am really quite annoyed about this and part of me wants to go straight in and dispute all points.

I have 10 days left in my month limit having waited for the info.

Thanks for any help!

MECFSrecovery wrote:

Thanks for all of your input...

So I got back my notes and it appears they relied only on the ESA50 form (which they mostly ignored my descriptions it seems) and the medical exam. No requests for info from Doctors or official medical diagnosis.

I dont want to sound annoying but because Im a reasonably balanced person with half a brian - during the interview I spoke sensibly - and could do all the movements. Even though I descirbed in detail the difficult life I have to lead it seems like they only observed the most superficial aspects of my behaviour - and not the content of what I was saying.

Interestingly the 'nurse' who interviewed me seemed quite supportive during the interview. At the end of his report he wrote 'could consider a return to work within 3 months'. THe decision maker obviously decided to chuck me back in immediately. To me there is quite a big difference between 'considering' returning to work within 3 months - and outright JSA.

I literally scored 0 points on the ESA50 even though my 'it varies' descriptions were all pretty severe.

There are also a number of inconsistancies in what I reported and the evidence they presented on my points score:

Even Question 1:

I said:

Can you walk more than 200 meters without having to stop: NO
Can you move at least 50 meters before you have to stop: It Varies

It Varies explain:

"It depends how bad the day is. There are fluctuations in the level of fatigue - on some days I will be able to walk 50m distance - on others I will not be able to walk at all without significant discomfort, fatigue and confusion. Also - I could not do 50m distance repeatedly within a reasonable timescale. Most of the time my symptoms are sufficiently bad that my ability to repeatedly cover any distance during the day without experiencing serious discomfort and anxiety is limited."

THEY SAID:

Moving Around:
Our Assessment: You can move more than 200 meters on flat ground. (Moving could include walking, using crutches or a wheelchair).. 0 Points.
Nurse assesment:'Client walked 20 meters normally to the examination room"

The above example is Q1 where according to the way I understood it - I should have scored points...but the idea is the same throughout the physical assesment...

My question is: I need to launch my appeal - should I dispute all points I disagree with in the "Why you are appealing" section? I am really quite annoyed about this and part of me wants to go straight in and dispute all points.

I have 10 days left in my month limit having waited for the info.

Thanks for any help!

Hi MECFS,

It looks like you may be another victim of "The Imaginary Wheelchair"

As yo may know with regards to Q1 Moving around, "Mobilising" includes the use of a manual wheelchair unaided, not just walking with or without an aid.

Information on this spotlght thread may be helpful here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=87202#87202

Gordon has already provided the relevant links RE : Appealing.

You may also wish to review all of the :

Appeals FAQ’s

&

ESA FAQ’s

Whilst it will help to point out any discrepancies in the Medical Report, the important issue is to reiterate how and why you qualify for either group of ESA, see :

Qualifying for the WRAG

Qualifying for the Support Group

You can submit your appeal ASAP, without having to go into too much detail, to protect your right to appeal(1 month deadline) then provide more in depth evidence as soon as you have compiled it. Try to do this ASAP also, if you want it to be taken into account at the automatic reconsideration stage.

bro58

bro58 wrote:

MECFSrecovery wrote:

Thanks for all of your input...

So I got back my notes and it appears they relied only on the ESA50 form (which they mostly ignored my descriptions it seems) and the medical exam. No requests for info from Doctors or official medical diagnosis.

I dont want to sound annoying but because Im a reasonably balanced person with half a brian - during the interview I spoke sensibly - and could do all the movements. Even though I descirbed in detail the difficult life I have to lead it seems like they only observed the most superficial aspects of my behaviour - and not the content of what I was saying.

Interestingly the 'nurse' who interviewed me seemed quite supportive during the interview. At the end of his report he wrote 'could consider a return to work within 3 months'. THe decision maker obviously decided to chuck me back in immediately. To me there is quite a big difference between 'considering' returning to work within 3 months - and outright JSA.

I literally scored 0 points on the ESA50 even though my 'it varies' descriptions were all pretty severe.

There are also a number of inconsistancies in what I reported and the evidence they presented on my points score:

Even Question 1:

I said:

Can you walk more than 200 meters without having to stop: NO
Can you move at least 50 meters before you have to stop: It Varies

It Varies explain:

"It depends how bad the day is. There are fluctuations in the level of fatigue - on some days I will be able to walk 50m distance - on others I will not be able to walk at all without significant discomfort, fatigue and confusion. Also - I could not do 50m distance repeatedly within a reasonable timescale. Most of the time my symptoms are sufficiently bad that my ability to repeatedly cover any distance during the day without experiencing serious discomfort and anxiety is limited."

THEY SAID:

Moving Around:
Our Assessment: You can move more than 200 meters on flat ground. (Moving could include walking, using crutches or a wheelchair).. 0 Points.
Nurse assesment:'Client walked 20 meters normally to the examination room"

The above example is Q1 where according to the way I understood it - I should have scored points...but the idea is the same throughout the physical assesment...

My question is: I need to launch my appeal - should I dispute all points I disagree with in the "Why you are appealing" section? I am really quite annoyed about this and part of me wants to go straight in and dispute all points.

I have 10 days left in my month limit having waited for the info.

Thanks for any help!

Hi MECFS,

It looks like you may be another victim of "The Imaginary Wheelchair"

As yo may know with regards to Q1 Moving around, "Mobilising" includes the use of a manual wheelchair unaided, not just walking with or without an aid.

Information on this spotlght thread may be helpful here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=87202#87202

Gordon has already provided the relevant links RE : Appealing.

You may also wish to review all of the :

Appeals FAQ’s

&

ESA FAQ’s

Whilst it will help to point out any discrepancies in the Medical Report, the important issue is to reiterate how and why you qualify for either group of ESA, see :

Qualifying for the WRAG

Qualifying for the Support Group

You can submit your appeal ASAP, without having to go into too much detail, to protect your right to appeal(1 month deadline) then provide more in depth evidence as soon as you have compiled it. Try to do this ASAP also, if you want it to be taken into account at the automatic reconsideration stage.

bro58

Just a reminder,

If you are appealing a "fit for work" decision, and wish to be paid assessment rate ESA whilst you appeal, then you will need to get a "Fit Note" Med3 from your G.P. to cover you from the date that your benefit ceased.

See : What will I be paid while I appeal?

bro58

I know the feeling, but i did score 6 points not the 15 required, so DM scored me as 0, still waiting to hear from them 3 months on about the stste of play with my appeal.

I wish you all the best

CV

hi chrissy - sorry to hear about your troubles - it not much fun...

Bro58 - thanks for the links - I will read them now.

Your advice on qualifying for WRAG which I think is the sensible group for me - I need to score 15 points basically. My problem now is I expected to score points based on the 'It varies' descriptions I slavishly filled in for almost every answer. However I scored 0 points on ALL. In the ESA50 advice form on this site it said I think that you 'may score points' for this and I expected to because I mainly used 'It varies' to cover myself because occasionally I can do these tasks - however I cant really do them reliably or repeatedly. Now I dont really know where I stand because the truth is it DOES vary...

Maybe I just need to say 'no'.

MECFSrecovery wrote:

hi chrissy - sorry to hear about your troubles - it not much fun...

Bro58 - thanks for the links - I will read them now.

Your advice on qualifying for WRAG which I think is the sensible group for me - I need to score 15 points basically. My problem now is I expected to score points based on the 'It varies' descriptions I slavishly filled in for almost every answer. However I scored 0 points on ALL. In the ESA50 advice form on this site it said I think that you 'may score points' for this and I expected to because I mainly used 'It varies' to cover myself because occasionally I can do these tasks - however I cant really do them reliably or repeatedly. Now I dont really know where I stand because the truth is it DOES vary...

Maybe I just need to say 'no'.

Hi MECFS,

If it varies, then you are right to say that it does.

Remember, if a variable condition gives you limitations for the "Majority" of the time, then you should be awarded points.

i.e. The majority of the time for any 7 day period would be 3 days 12 Hours and 1 second, etc, etc.

It can help here to relate a typical day, breaking it down hour by hour within an average 24 hour period.

Further, to be classed as being able to carry out any action, you must be able to do so "Repeatedly, Reliably, and Safely" with "Reasonable Regularity"

bro58