Chronic fatigue - ESA support group arguments.

rogerblack

The below is part of my appeal of the decision to place me in the ESA work-related group.
Posted in the hope it may be useful for others.

I would caution that this is specifically tailored to my condition. Some of the arguments may be entirely inappropriate for others.
Simply copying and pasting may amount to benefit fraud, and result rightly in prosecution.

I'm currently going to tribunal on this, but it may be some months.




The specific grounds I believe I may be eligible for the support group are (in no particular order).

1. 1. 11) Initiating and completing personal actions. Cannot due to impaired mental function, reliably initiate or complete at least 2 sequential actions.

'reliably initiate' here must mean in the absence of any other definition, the normal dictionary definition – something akin to 'the vast majority of the time', and 'reliably when asked at a specific time'. I struggle to 'initiate and complete personal actions ' most of the time – certainly more than half. Being unable to do something in excess of half the time cannot be viewed as reliable.


Part of Chronic Fatigue Syndrome is a mental 'Fog' – which in addition to mental fatigue impairs mental function.
For the past twenty years or more, I have rarely had any period of more than a day or two when I can 'reliably initiate' actions.
I can come closest to reliability by resting completely for several days prior to being required to do something, but this is clearly not what the descriptor states. Even in this case, I am far from what might be called reliable.


When extremely fatigued – which often happens for no clear cause (such a cause might be the effort involved in going to and participating in a WFI):
I cannot plan tasks – only attempt to carry out planned tasks, which I do poorly, slowly, and with many errors and accidents.
I cannot organise things – even to the extent of working out what food is safe to eat, or what tasks are safe to do in my current state.
I cannot problem solve effectively – the smallest deviation from a plan confuses me and leads to me making what seem like rational decisions, but are not.
Prioritizing is impossible – when I attempt to do tasks in this state – the least important task may be done first, for no good reason, even if it may be futile as other tasks have to be completed first. (for example, putting the washing machine on with only a couple of socks in, though there is much more in the bathroom to do).
Switching tasks is almost impossible, I get confused, and will if I have to switch tasks often leave the first task – which may be more important – unfinished.
A recent example was when I got the statement of reasons for my ESA decision, while reheating food.
This lead to a ruined meal, and a destroyed pan, after I did not remember I was in the middle of cooking.

1. 10) Reduced awareness of everyday hazards due to cognitive impairment or mental disorder, leads to a significant risk of injury to self or property or possessions that they require supervision for the majority of the time to maintain safety.

Most of the time, I have difficulties to the point that I can't do tasks I would normally expect to be able to do, as I cannot do them safely. (hoovering, doing the washing up, general household tasks).
I have frequent falls, and accidents varying from smashed bowls, small kitchen fires, onwards.


This descriptor applies to work-related activities, which may after the recent passage of the welfare reform act 2011, include work placements for an unlimited time.


At my existing minimal activity level, I am struggling to cope, and this descriptor applies for the majority of the time. I cannot do most activities safely without risk of accidents.
As I write this, I am recovering from the minor exertion of a Work Focused Interview.
This was about a week ago, and I'm starting to feel better, with my head not packed full of wool.
It was a comparatively good day.
I was able to get there and back on the bus, after resting and doing nothing for three days to build up energy.
Unfortunately, as is common after exertion, I have spent the week since able to do little more than eat food I'd prepared earlier, or packets of biscuits, go to the loo, and sleep.
I've tried to do small domestic tasks, but most of these have resulted in accidents, or near accidents.
In the absence of supervision, I can't do them.


Cannot either:

1. 1) a) mobilise more than 50m on level ground without stopping in order to avoid significant discomfort or exhaustion.
   1. 1. b) Cannot repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion.

While this descriptor does not apply all the time, it applies somewhere over a slight majority of the time.

1. 14) Has on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

One source defines disinhibition as:
“Disinhibition is a process, of whatever aetiology, which results in an individual
l having a reduced capacity to edit or manage their immediate impulsive response
to a situation. … An individual experiencing disinhibition may not be able to disguise some of their emotional responses, sometimes at the expense of politeness, sensitivity, or social appropriateness. “


I do not have problems with becoming violent, however this is not the only part of the descriptor.


During most days, I am disinhibited at times, simply as I'm too fatigued to function properly, to an extent far more than normal tiredness.
This takes the effect of being unable to have any oversight as to my actions, and is much like being quite drunk. I have no insight into how my behaviour appears to others, and make very poor decisions based on impulse that have amongst other things caused offence at me ignoring people, and been picked up by the police due to my strange behaviour.

1. 1. 1. Learning Tasks: Cannot learn how to complete a simple task, such as setting an alarm clock due to cognitive impairment or mental disorder'.

This descriptor may apply – the important part is 'to complete'.
One cannot learn to complete a task if one cannot do it reliably.
See the majority of argument for descriptor 11.

1. 1. 1. 13) Engagement in social contact is always precluded due to difficulty in relating to others or significant distress experienced by the individual.

Most other LCWRA descriptors apply at times, when severely fatigued, which happens at some point in most days.
These would include transferring between seated positions, moving liquid, …, Conveying food. In addition, I'd argue that – especially in the light of the changes introduced by the Welfare Reform Act 2011, that people in the WRAG may be placed on work placements for unlimited periods of time – the non-functional descriptor for the support group applies.

mynameistallulah

I know you are trying to be helpful, but I would really be careful posting this publicly. Someone that cannot be bothered to put in such effort could easily copy and paste it as their own.

Anubis_2

I agree with Tallulah, I would remove it Roger. The issue is, it it gets copied by others, it may devalue your own case.

FBaby

And to be honest, being able to write all this, in a very organised, thoughtful way kind of makes you question your arguement in the first place.

Anubis_2

FBaby wrote: »

And to be honest, being able to write all this, in a very organised, thoughtful way kind of makes you question your arguement in the first place.

I don't think it does. It may have taken Roger many days or weeks to write that. I sent an extra 40 pages or so with my DLA claim but it took months to write, which I explained. My daughter did most of the typing as I spoke from bed, but it had to be done bit by bit.

rogerblack

I address earlier on in the letter that it's take me months to write all of this.

As to if it may be copied inappropriately - that is of course a risk.

I would encourage people to think very carefully about their condition, before copying any portion of this.

Misrepresenting your condition may at best cause the tribunal to reconsider your existing award, at worst lead to a prosecution for benefit fraud.

FBaby

rogerblack wrote: »

As I write this, I am recovering from the minor exertion of a Work Focused Interview.
This was about a week ago, and I'm starting to feel better.

Wrong choice of words in the letter then...