Epilipsey and ESA

rogerblack

woodbine wrote: »

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OP: one of the main factors that decide benefits for epilepsy(esa/dla)is wether or not you have any aura(warning)before your seizures,and the number of seizures you have on a weekly basis,if you said on the application that you have 5 a month then that could mean 5 in one day/5 in one week or 1 or more a week

As I understand it, 'Aura' is a factor for DLA.
But, not for ESA.
http://www.legislation.gov.uk/uksi/2008/794/schedule/2/made
The relevant descriptor -
11. Remaining conscious during waking moments.11(a)At least once a week, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.

In addition, reading this as 'fully unconsious' is likely to be incorrect.

CE/497/2010 [2011] UKUT 158 (AAC) states that the test for altered consciousness as outlined in R(IB)2/07 (when he or she is no longer properly aware of his surroundings or his condition so as to be incapable of any deliberate act) cannot be applied to the ESA descriptor. This is because the revised ESA wording - "resulting in significantly disrupted awareness or concentration" - applies a different test.

http://www.disabilityalliance.org/esalaw.htm

I don't see any relevant caselaw on the upper tribunals site that would clarify this further - I don't see how the legislation can be read (though the DWP may wish to do so) as 'aura' being relevant at all.

If you have a fit at 9:30AM on a Friday, and know about it all week, I can't see any relevance.

(Of course, it would impact the ability to work less, but that is not the ESA test, the test is the above)

Please note - this is my reading of the law, it may differ from the DWPs, and even if correct may require an appeal.

MrsManda

Neilandrewhall wrote: »

I am on Epilim 200mg and 500mg, for my seizures but they don't seem to help ,

Is your GP/neurologist/other specialists aware of the frequency of your seizures and the fact that your current medication is not working?

If they don't know then they can't help you, either with trying new ways of managing your epilepsy nor with providing evidence for your ESA application.

Neilandrewhall

This warning with my seizure, only happens a minute before the actual seizure happens, and Mrsmanda - my GP and My Neurologist understand how many times my seizures happen they've increased the dosage of the medication to a higher dose but still don't help

[Deleted User]

rogerblack wrote: »

As I understand it, 'Aura' is a factor for DLA.
But, not for ESA.
http://www.legislation.gov.uk/uksi/2008/794/schedule/2/made
The relevant descriptor -
11. Remaining conscious during waking moments.11(a)At least once a week, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.

In addition, reading this as 'fully unconsious' is likely to be incorrect.

CE/497/2010 [2011] UKUT 158 (AAC) states that the test for altered consciousness as outlined in R(IB)2/07 (when he or she is no longer properly aware of his surroundings or his condition so as to be incapable of any deliberate act) cannot be applied to the ESA descriptor. This is because the revised ESA wording - "resulting in significantly disrupted awareness or concentration" - applies a different test.

http://www.disabilityalliance.org/esalaw.htm

I don't see any relevant caselaw on the upper tribunals site that would clarify this further - I don't see how the legislation can be read (though the DWP may wish to do so) as 'aura' being relevant at all.

If you have a fit at 9:30AM on a Friday, and know about it all week, I can't see any relevance.

(Of course, it would impact the ability to work less, but that is not the ESA test, the test is the above)

Please note - this is my reading of the law, it may differ from the DWPs, and even if correct may require an appeal.

basically if someone gets an aura,its a warning that they are about to have a seizure and can then make themselves safe,so it does impact on dla and i would have thought the lack of warning would impact on esa as without a warning someone could be in danger from the resulting seizure happening without any prior warning,these auras usually happen only a minute or so before the event not usually days before

[Deleted User]

Neilandrewhall wrote: »

This warning with my seizure, only happens a minute before the actual seizure happens, and Mrsmanda - my GP and My Neurologist understand how many times my seizures happen they've increased the dosage of the medication to a higher dose but still don't help

the warning is probably the reason dla has been refused,i`m still unsure how that would impact on esa,whilst i wont discuss precise medications(mse dont allow that)i would if i were you neil ask my consultant to review not just the doseage but the actual medication,epilim is quite an old aed,but seems to be a favourite of many neuros

Neilandrewhall

John, Am i allowed to Private Message you, even though im never sure if my private messages go through

sunnyone

woodbine wrote: »

the warning is probably the reason dla has been refused,i`m still unsure how that would impact on esa,whilst i wont discuss precise medications(mse dont allow that)i would if i were you neil ask my consultant to review not just the doseage but the actual medication,epilim is quite an old aed,but seems to be a favourite of many neuros

TMI about drugs

[Deleted User]

sunnyone wrote: »

TMI about drugs

I thought carefully about what i said to avoid discussing in detail and giving "TMI"the bg`s are free to remove IF ive overstepped the mark

[Deleted User]

Neilandrewhall wrote: »

John, Am i allowed to Private Message you, even though im never sure if my private messages go through

yes you are Neil,i`ve pm`d you so you can just reply

rogerblack

woodbine wrote: »

basically if someone gets an aura,its a warning that they are about to have a seizure and can then make themselves safe,so it does impact on dla and i would have thought the lack of warning would impact on esa as without a warning someone could be in danger from the resulting seizure happening without any prior warning,these auras usually happen only a minute or so before the event not usually days before

For ESA - the bare fact of having epileptic (or other similar) seizures every 6 days entitles you to ESA.
There does not have to be a risk to you or anyone else from these. (though if there was, that would be a separate route to ESA)

The 'seizure at 9:30 on a Friday' was just an example to show how silly this could be - of course nobodies epilepsy behaves like this

For DLA, there is no explicit mention of epilepsy, or loss of consciousness in general, it's only the risks that epilepsy can cause that may entitle someone to DLA.
Hence the reason why people without auras are more likely to get it.