ESA50 Form

Alice_Holt

TELLIT01 wrote: »

Put as much information as possible about the way his conditions affect him on a day to day basis. The sort of detail you provided above is ideal, as it indicates that its effect varies from day to day.
I would be inclined to make an appointment with his GP so that they have current information regarding his health. If the GP is contacted and responds by saying they haven't seen him for months, and he's not on any medication it won't help the claim.

This is good advice.

Also be aware that the ESa criteria is points-based, centred around particular activities and descriptors. It is helpful to go through the activities and see where you score the necessary points - then write up the ESA50 form accordingly.

Some info here:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/start-the-esa-test

Be aware that the sitting and standing activity includes the words "in combination" i.e. alternatively sitting then standing would satisfy the test so be unlikely to score points.
Would you need to move away from a work station (within the stated time period) to relieve discomfort / pain ? This would score points. Perhaps needing to walk to releive cramps etc or to raise your legs and lie down?

Also be aware that the mobilising activity includes using a manual wheelchair. Would you be able to self-propel yourself or is your upper body strength limited? If unable to sit for long, then the use of a manual wheelchair might not be practical? Is the use of a manual wheelchair impractical because you have nowhere to store it or steps up to the front door?

As others have said understanding what ‘reliably’ means in relation to PIP activities is hugely important. Giving evidence about issues such as: whether you can do things safely; whether you are in pain when you do them; whether you can do an activity in a reasonable time and what the effect is on you afterwards could make the difference between getting an award or not.

In addition to the CAB guide do have a look at:
[http://www.benefitsandwork.co.uk/employment-and-support-allowance
http://www.benefitsandwork.co.uk/images/image/samples/esa/ph_wca_may13.pdf

Be prepared for the work capability assessment - again be clear on what you can't do reliably, repeatedly, and safely.

Remember that you can appeal an incorrect decision to the tribunal service.

Good luck.

SammyTyler

Thankyou all for the advice....


GP finally called at 7.30pm OH had a chat with her, who wants him to go into the surgery to plan how to deal with his pain / back and his weight issue....but all in all he is very down about it all


He was advised by a consultant to lose weight, give up smoking, get out and exercise the pain will dissipate,which he took it on board lost over 6 stone, went on his E cig at the same time... but it didn't make any difference to his pain, in fact exercising make the pain worse, even by healthy eating he's put weight back on.
From MRI scans he's got 2 discs, L5/S1 & L3&4 are degenerated / dehydrated which wont repair, was also informed he had inflamed facet nerves...... Don't know what the GP is going to advise now....OH is just at a loss with it all and simply just wants to throw the towel in...Says it what the DWP want another one off there list... if the money is that much off an issue to them...let them keep it...

allison445

Tell your OH not to give up might also be a good idea to ask your GP for some additional support. I didn't realize until recently how much chronic pain and illness can affect your mental health . I have only recently had any dealings with the DWP and I can only say I have been treated well by all staff I had read the horror stories on the internet and thought no way am I going through that but my experience was totally the opposite. Unfortunately due to abuse of the system you now have to prove your ill.

Mojisola

SammyTyler wrote: »

GP finally called at 7.30pm OH had a chat with her, who wants him to go into the surgery to plan how to deal with his pain / back and his weight issue....but all in all he is very down about it all

Has he been referred to the Pain Clinic? They will do what they can to ease his pain - can't always help but got to be worth a try.

pmlindyloo

Just seen that this has been an on going problem for some time.

Is this his first application for ESA? Was he working previously or was he on Incapacity Benefit?

Just trying to make sure we have all the facts. Does he receive DLA/PIP? Which rates? Do you work?

Sorry for all the questions. Because of his comment about not wanting to go through the hassle am wondering if there was a different benefit he could claim if the money wasn't a big issue.

SammyTyler

Loo

This is an current ESA claim and is up for review.....OH won his appeal a few years ago.... Nothing has really improved ...My OH tried to apply for DLA but the decision maker decided that it was a short term issue and didn't qualify

Alice_Holt

As the DLA decision seems to have been wrong in assuming the condition would improve, I am just wondering if a PIP claim might be worth thinking about.

Would your OH need help or aids to put on socks / shoes?
Would he need handrails to get in/out the bath/shower safely. Or need a shower seat?
Does he need a perching stool in the kitchen when preparing a meal for himself?
Does he need a raised toilet seat, or rails to help him off the toilet, or an aid to clean himself afterwards?

If these are required, then each should be assessed at 2 points in the PIP assessment.
A total of 8 points would get a standard award of PIP.

micky2phones

SammyTyler wrote: »

Hello everyone


We are filling in this dreaded forum, just need to ask some advice... don't want to be seen as over exaggerating ...
He generally has bad days whereas he is in pain most the time and other days whereas he doesn't feel the pain as bad and as much... So how do we base his answers...
On the bad days he can barely cover 50metres without being in pain, before stopping and waiting for the pain to reduce, but then on a good day he can go beyond that a little further .
Then there's the sitting and standing...he's like a yoyo... up and down like tower bridge....Sits for about 20mins then on his feet for 10mins or so.......


My other question is he no longer sees a specialist as they wont do surgery, so generally he's been left to live with this pain. He doesn't bother our GP about it as he feels there's little more she can do about it...Someone suggested I get our GP to do a little but looking at the ESA50 they don't require nor do they want it... So do they contact his GP prior to any assessment ?

Hi, my view regarding not seeing a specialist is as with me theres not much point in seeing them as theres nothing more they can do, just surgery but you are too young.

IMO this is a good thing not bad thing ?