ESA work capability assessment

rogerblack

Whilst seizures daily clearly entitles you to the WRAG, there are arguments that some of the support group descriptors may apply.

If, for example, you are incontinent 'significantly' at least once a week during attacks, or if you are at risk of harm due to lack of awareness of hazard.
(this would only really apply if you have little or no warning, as otherwise, you are expected to be able to make yourself safe)
Similarly, if the attacks leave you 'disinhibited' following them.

There is another issue.
Are you sure you're now entitled to CB ESA?
Were you working significantly in years 2009/10 and 2010/11 ? (you need to have worked in both of these tax years (April-April), but you can have worked less in one.

If you are entitled to CB ESA, then your ESA will be time-limited to one year, if you are not placed in the support group.
This is why thinking about how the support descriptors may apply to you is important.

If you are not entitled to CB ESA, then you will not be entitled to IR-ESA, due to your husband working.

alithoms

Hi there,
i just received a letter saying they are stopping my esa - oh and another from the council saying they have suspended my housing benefit. I also have epilepsy and they only awarded me six points saying that I only had seizures - "more than once a month but less than once a week". You need to have seizures at least once a week to get the 15 points so you should be fine. I also have regular (daily) absence seizures which I forgot to mention as I was in such a state of anxiety. I later learnt from an independent health professional that these also count for "loss of consciousness/altered consciousness" so do mention anything like this also. I also have debilitating panic attacks and agoraphobia which was not deemed worthy of any points. After a bad seizure am knocked out for days - but on the report said "feels slightly tired and mildly confused". I am completely incapacitated for hours. Make sure you make it very clear that you fit very regularly (though on my form they appear to have just written stuff willy nilly). It also might help to take someone with you - as a witness. Good luck, im sure you will be fine

rogerblack

To clarify the conciousness descriptor.
It used to be the case under IB that caselaw had developed that meant you had to be 'incapable of any deliberate act' for this to apply.

However, a decision last year ruled that this does not apply to ESA, as the wording is significantly different.

'Significantly disrupted awareness or concentration'. This is much, much weaker than 'incapable of any deliberate act', and will include many more conditions.

andrea2312

Sorry I am going to be stupid now - but what does "incapable of any deliberate act" mean ?!?!?

Notmyrealname

andrea2312 wrote: »

Apart from Child Benefit once a month no . We have been turned down for working/child tax credits as apparently my husband earns to much which is laughable to be honest .

If you're not getting child tax credit it must be over £26,000 if you've one child so its not a part time NMW income.

PippaGirl_2

andrea2312 wrote: »

Sorry I am going to be stupid now - but what does "incapable of any deliberate act" mean ?!?!?

Just what it says really, so if you wanted to do something you could or if someone asked you to do something you could.

andrea2312

I just had a look and it says we are entitled to child tax credit on his earnings because he does not earn £26,000 thats for sure . When we tried a few months ago though we were turned down . I dont understand how they work it out at all

PippaGirl_2

That's why I said go to the CAB, they can intercede. Do you have paperwork proving they turned you down? If so, and they made a mistake and it was their mistake they will backpay it.

andrea2312

Well my WCA is over ! Now for the wait - Have no idea how long it will take for a reply so all I can do is sit here and panic now I guess !!!

It seemed to go really well . Had a very understanding nurse doing my assessment - and she seemed to really get what I was telling her.

Since I have come home though am picking over my answers and am wondering if maybe they are all lovely and caring and it means nothing. AARRGGHH this whole process has stressed my RIGHT out

PippaGirl_2

The very first WCA I had the nurse was lovely and understanding and caring. I waited for the results naively, and then it came 0 points. I appealed and went to Tribunal and won and was put in the WRAG where fortunately I was forgotton about and not called for any work focused interviews as I wasn't really well enough to get there. Then I got called for another WCA and then a Doctor ended the appointment and said she would be recommending I be left alone for 6 months to get a bit better and I was then placed in the support group. 3 months after that decision I was sent an ESA50 form to complete and now as the 6 months has ended I am expected a letter any day with a new WCA date.

I would agree that you can't tell anything from their attitude or demeanor towards you, but remember, you can appeal and you will continue to receive ESA while you wait for the Tribunal which will be months away so no need to panic at the moment.