Failed Medical ESA50

Terrysdelight

Hello


I'm trying to help a friend. Friend has been unwell for about 2 years with a very painful medical condition which leaves him permanently incontinent. He has been hospitalised twice over the last year for over a week on each occasion, is on regular medication and is often prescribed steroids when he has flare ups. Friend has been on ESA assessment phase for just over a year and attended a face to face interview/medical a few weeks back. He has had a telephone call saying he has failed his medical and has to go back on to JSA. He was also told he can appeal the decision.


I'd like to advise my friend (he has learning disabilities too) but don't know what to suggest.


In my eyes, I think they are wrong - how can a person be expected to hold a job down when they are regularly unwell - at the best of times very lethargic and an itchy body, but also, permanently incontinent.


Should my friend sign on? I can help him to appeal, but in the meantime should he sign on?


Grateful for any advice.


Many thanks
Terrysdelight

[Deleted User]

What medical conditions does he have and how do they affect him day to day? Some forms of incontinence are not considered to stop you working, such as incontinence during seizures.

Terrysdelight

Ulcerative Colitis.

rogerblack

blondebubbles wrote: »

So does the condition prevent them from any and all work?

I will note that being utterly incapable, or utterly capable for work is entirely orthogonal to ESA.
It is not one of the criteria despite how much IDS tends to imply it is.

However.
The only way you can get ESA for 'just' incontinence, for people without colostomy bags is '

At least once a week experiences

a) Loss of control leading to extensive evacuation of the bowel and/ or voiding of the bladder sufficient to require the individual to clean themselves and change clothing
'
Does your friend experience this?

Anything less than this will require careful thought about the effects of the incontinence - rather than pure and simple meeting the descirptor.

pmlindyloo

Your friend needs to ask for a mandatory reconsideration before he appeals.

There is a good overview of how to do this here:

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

It is particularly important to know why he has failed to score the points needed and he will need to produce evidence of how he does meet the descriptors.

I suggest he gets help with all of this from CAB or a welfare rights advisor.

In the meantime if he needs the money he will have to apply for JSA whilst the mandatory decision is being carried out. If they don't overturn the decision then he can go to appeal and go back onto the assessment rate of ESA.

When he applies for JSA he should ask to see a disability advisor. If one is not available then his job seekers agreement should be adapted to take consideration of his disability. The Job Centre Plus is aware of people going through the mandatory reconsideration period so there shouldn't be any hassle.

If he returns to ESA after the mandatory reconsideration then he will need fit notes again.

Have you looked at the ESA descriptors to see which one(S) he meets?

http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

Torry_Quine

Terrysdelight wrote: »

Hello


I'm trying to help a friend. Friend has been unwell for about 2 years with a very painful medical condition which leaves him permanently incontinent. He has been hospitalised twice over the last year for over a week on each occasion, is on regular medication and is often prescribed steroids when he has flare ups. Friend has been on ESA assessment phase for just over a year and attended a face to face interview/medical a few weeks back. He has had a telephone call saying he has failed his medical and has to go back on to JSA. He was also told he can appeal the decision.


I'd like to advise my friend (he has learning disabilities too) but don't know what to suggest.


In my eyes, I think they are wrong - how can a person be expected to hold a job down when they are regularly unwell - at the best of times very lethargic and an itchy body, but also, permanently incontinent.


Should my friend sign on? I can help him to appeal, but in the meantime should he sign on?


Grateful for any advice.


Many thanks
Terrysdelight

He will have 28 days to send in his notice of appeal from the date of the letter informing him of the decision. Firstly it goes to mandatory reconsideration during which time he cannot get ESA but can claim JSA and he should have it noted the terms under which his medical condition affects his job-seeking. If that fails and he then is sent for appeal he will be able to get ESA at assessement rate again with fit-notes from his GP.

Terrysdelight

rogerblack wrote: »

I will note that being utterly incapable, or utterly capable for work is entirely orthogonal to ESA.
It is not one of the criteria despite how much IDS tends to imply it is.

However.
The only way you can get ESA for 'just' incontinence, for people without colostomy bags is '

At least once a week experiences

a) Loss of control leading to extensive evacuation of the bowel and/ or voiding of the bladder sufficient to require the individual to clean themselves and change clothing
'
Does your friend experience this?

Anything less than this will require careful thought about the effects of the incontinence - rather than pure and simple meeting the descirptor.

Yes, he does experience this. It is because of this he has become somewhat of a recluse. He is embarrassed when out and is 'frightened' if he needs to pass wind as he does not know what's might happen. There is no control. He also suffers with bad cramps. When he has flare ups he can't walk or move even. It is awful. He has even passed out before because of the pain.


I know he would like to work but he is afraid and embarrassed about what could and does happen quite frequently. He told all of this to the Doctor.


At the end of the day - would companies really employ someone who couldn't be reliable because of their illness? I guess it would be good if he could become self employed and work as and when, but even so, if he has to come into contact with people, he still has the overwhelming fear of what is going to happen.

Terrysdelight

pmlindyloo wrote: »

Your friend needs to ask for a mandatory reconsideration before he appeals.

There is a good overview of how to do this here:

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

It is particularly important to know why he has failed to score the points needed and he will need to produce evidence of how he does meet the descriptors.

I suggest he gets help with all of this from CAB or a welfare rights advisor.

In the meantime if he needs the money he will have to apply for JSA whilst the mandatory decision is being carried out. If they don't overturn the decision then he can go to appeal and go back onto the assessment rate of ESA.

When he applies for JSA he should ask to see a disability advisor. If one is not available then his job seekers agreement should be adapted to take consideration of his disability. The Job Centre Plus is aware of people going through the mandatory reconsideration period so there shouldn't be any hassle.

If he returns to ESA after the mandatory reconsideration then he will need fit notes again.

Have you looked at the ESA descriptors to see which one(S) he meets?

http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

Thank you. I have looked at the descriptors. Some of them apply but not all the time. For example, he can't walk, he can't lift his arms, he can't carry - he literally can't move. The one that does apply the majority of the time is to do with the incontinence.

rogerblack

Terrysdelight wrote: »

At the end of the day - would companies really employ someone who couldn't be reliable because of their illness?

This is not one of the criteria for ESA.
However.
What evidence did he submit about his incontinence, and what did the medical report say about it?
Have you got a copy of it?

nannytone_2

you need to look at the support group descriptors.
he only has to meet the one regarding incontinence in order to be eligible
[e/B]

Marktheshark

He is going to have to produce some firm and serious evidence his "condition" prevents him doing any work.
The game is up and that benefit is soon only going to be for the very top few of severely disabled people.