Is This Correct??

xsunnysuex

I have been on IB for a number of years due to depression and panic attacks. I've always passed with no problem. I have been called for my ESA medical on 21st Dec. This time I am claiming because of my mental health problems. But also because I now have osteoarthritis that is causing me great problems with walking. I know you need 10 points to pass on medical grounds. But I saw this quoted on another forum.

If you are going in expecting to be interrogated for a mental health issue, then for gods sake don’t mention that you have a bit of a bad back, this will result in a small amount of points (or even just one point)being added to the physical capability descriptor section, if it’s purely mental health you need ten points, if it’s physical or a combination then you need fifteen points, meaning that you could well score 10 points on mental health, but the one point that will be noted down for having a twinge in your lower back will leave you with a score of eleven…well short of the fifteen needed for the combination mental/physical descriptors, one of the many ways these F***ers use to catch you out and get you off the sick books.

This has really scared me. Is it true? Could having osteoathritis go against me at my medical? I would have thought the more problems you have, the more chance there is that you would be accepted as unfit to work. There is no way I could hold down a job. I can hardly walk right now.

MrsManda

Do you have a link to information which says you only need 10 points from Part 2 Mental, Cognitive and Intellectual in order to be counted as having a limited capability to work?

As far as I was aware you need 15 points from the descriptors regardless of whether the descriptor is in Part 2 or Part 1 Physical functions.

From the DWP Guidance:

42158 A claimant has LCW when
1.one or more of the descriptors in the physical disabilities or mental, cognitive and intellectual functions apply and

2. a total is reached of at least 15 points3 from the descriptors
2.1 specified in Part 1 or
2.2 specified in Part 2 or
2.3 in both categories.

http://www.dwp.gov.uk/docs/dmgch42.pdf

cit_k

xsunnysuex wrote: »

I have been on IB for a number of years due to depression and panic attacks. I've always passed with no problem. I have been called for my ESA medical on 21st Dec. This time I am claiming because of my mental health problems. But also because I now have osteoarthritis that is causing me great problems with walking. I know you need 10 points to pass on medical grounds. But I saw this quoted on another forum.

If you are going in expecting to be interrogated for a mental health issue, then for gods sake don’t mention that you have a bit of a bad back, this will result in a small amount of points (or even just one point)being added to the physical capability descriptor section, if it’s purely mental health you need ten points, if it’s physical or a combination then you need fifteen points, meaning that you could well score 10 points on mental health, but the one point that will be noted down for having a twinge in your lower back will leave you with a score of eleven…well short of the fifteen needed for the combination mental/physical descriptors, one of the many ways these F***ers use to catch you out and get you off the sick books.

This has really scared me. Is it true? Could having osteoathritis go against me at my medical? I would have thought the more problems you have, the more chance there is that you would be accepted as unfit to work. There is no way I could hold down a job. I can hardly walk right now.

That applies to Incapacity benefit, I do not think (but you should have it confirmed by someone else) that it applies for ESA.

As you will be going for ESA this time, it wont be under the old IB rules, so as far as I know, that should not apply.

Adereterial

It does not apply to ESA.

You need a minimum of 15 points from a single or a combination of descriptors to qualify.

You also have a responsibility to be honest about your health at the medical - anything less is fraud.

rogerblack

As others have said - you need 15 points (or for it to be found that not to be found to have limited capacity for work would cause a risk to any person.)

http://www.dwp.gov.uk/docs/m-06-11.pdf
This has the full descriptors as they currently stand.
Do not, whatever you do, skip over or minimise any problem that could potentially get you points.

Think about if, a reasonable uninvolved person - having followed you around everywhere for a week, could make an argument about each descriptor applying to you.

Do not concentrate on your 'real problem' only, if there are other descriptors that may apply to you.
Even if you don't want to admit it to yourself.

xsunnysuex

Thank you all for your help.