ESA - MR help

[Deleted User]

Incontince due to seizures doesn't count for ESA apparently. But if due to something else get a letter from your GP. Get a letter from your nuro stating how often you have seizures and what treatment you're having.

calcotti

_shel wrote: »

Incontince due to seizures doesn't count for ESA apparently.

What makes you say that - I can’t see any reason why the cause of any incontinence would make a difference.

tazwhoever

poppy12345 wrote: »

Not sure what you mean by this. It's your responsibility to prove those descriptors apply to you not theirs. You need to send the evidence to strengthen your case to HMCTS.

When I first applied ESA the letters put me into SG, the reassessment second time first letters plus more on top put me in WRAG. My health has stayed the same. That's why I'm asking?

poppy12345

tazwhoever wrote: »

When I first applied ESA the letters put me into SG, the reassessment second time first letters plus more on top put me in WRAG. My health has stayed the same. That's why I'm asking?

Sending pages and pages of evidence doesn't always help. Are you 100% sure that there was nothing in that extra evidence that didn't contradict the evidence you sent the first time? Sometimes less is more...

[Deleted User]

calcotti wrote: »

_shel wrote: »

Incontince due to seizures doesn't count for ESA apparently.[c/QUOTE]

What makes you say that - I can’t see any reason why the cause of any incontinence would make a difference.

Because CAB told me so, look in the regulations you're good at that. I got points for seizures but not the same for incontinence due to seizure.


https://wcainfo.net/activities/evacuation-of-the-bowel-and-or-bladder-lcw

Activity 9 considers the ability to maintain continence of bladder or bowel, or prevent leakage from a collecting device. The descriptors take into account loss of continence while a claimant is awake/conscious and the loss of continence must lead to 'extensive' leakage of urine or faeces which is likely to require the person to have to wash and change clothing.

calcotti

_shel wrote: »

calcotti wrote: »

Because CAB told me so, look in the regulations you're good at that. I got points for seizures but not the same for incontinence due to seizure.


https://wcainfo.net/activities/evacuation-of-the-bowel-and-or-bladder-lcw

Activity 9 considers the ability to maintain continence of bladder or bowel, or prevent leakage from a collecting device. The descriptors take into account loss of continence while a claimant is awake/conscious and the loss of continence must lead to 'extensive' leakage of urine or faeces which is likely to require the person to have to wash and change clothing.

Oddly the first place I looked when I saw your post was the CAB website https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/9-controlling-bowels-and-bladder/ which gives incontinence as a result of an epileptic seizure as one of the examples.

I don’t have enough knowledge of epilepsy to know whether someone having a seizure is conscious/awake - I think it varies with the type of seizure. I had assumed the wording was principally to exclude incontinence during periods when people are sleeping.

Seems ridiculous to exclude the consequence of incontinence due to a seizure during waking hours given the consequences still have to be dealt including disruption, inconvenience and possible public embarrassment etc.

I hope you got the ESA award you deserved despite being denied points for this activity.

[Deleted User]

I did get it thanks in the end, but bizarrely for mental health and not epilepsy which is worse and much more disabling.

tazwhoever

Obviously I don't know my scores for both ESA50, can I ask ESA people to send me ESA85a reports so I can see before taking it further to tribunal?

poppy12345

tazwhoever wrote: »

Obviously I don't know my scores for both ESA50, can I ask ESA people to send me ESA85a reports so I can see before taking it further to tribunal?

You can request a copy of the most recent one. Whether they will still have the first report is another thing as i'm not sure how long they keep them for. Like i said, there's no risk taking it to Tribunal so you have nothing to lose.

tazwhoever

https://wcainfo.net/issues/substantial-risk-lcwra

What is substantial risk? I'm questioning this as my health has been the same for few years but more seizures now. Moved from SG to WRAG.