Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

+ Reply to Thread
Results 1 to 20 of 20
  1. #1
    Basic Account Holder stalin's dead Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    288

    Default ESA descriptors and points for epilepsy

    Does anyone know the new ESA points system for epilepsy or should I say the descriptors for epilepsy?

    I have around 2 seizures per month and have just had a second ESA medical.

    The ATOS medical rep learned nothing new about me except epilepsy is a neurological condition and is incapacitating following a seizure.

    I explained that it is nigh impossible to plan a route back to employment when you're never quite sure when the next seizure will occur.

    I suspect he thought epilepsy is a condition where you twitch a bit then wake up and then go about your normal business. It didn't realise its like being hit by a truck and affects every aspect of your being.

    I think the DWP have changed the points system re:ESA and epilepsy so anyone any idea?

    Thankyou and regards


  2. #2
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    I am in
    Pixie land.
    Posts
    29,059

    Default Re: ESA descriptors and points for epilepsy

    Hi. Here's a link to the DWP descriptors. The points system is explained towards the end, I hope you find something useful.

    http://www.direct.gov.uk/prod_consum.../dg_177366.pdf

    HB

    Illegitimi non carborundum.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    If you are asked to deal with any matter via private message, PLEASE report it.

    IB/ESA Tribunal template successes [that I know about]:
    honeybee13 April 2008; brighton gal January 2010 ; cbbc May 2010 lee100 September 2010 HadEnough October 2010 nitelite February 2011 Pritti March 2011
    Nottingham1989 [with leemack] June 2011
    Follows
    0
    Following
    0

  3. #3
    Basic Account Holder stalin's dead Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    288

    Default Re: ESA descriptors and points for epilepsy

    thanks mate


  4. #4
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    loopinlouie Informative loopinlouie Informative loopinlouie Informative loopinlouie Informative loopinlouie Informative

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    no where
    Posts
    2,215

    Default Re: ESA descriptors and points for epilepsy

    subbingicon. Hi stalin I have epliepsy too. The description of being hit by a truck fits the bill with me too and the time it can take to recover, my worst case scenario two weeks in bed after stopping breathing again. On another occasion found lying for a day next to blazing radiator after fit and burnt back as couldnt move.

    Worry that they will see I have two legs two arms and say nothing we can see as they obvioulsy dont seem to record consultant reports on their stupid system.

    They also have to understand how employers suddenly scrunch up when know you have epilepsy. They suddenly dont want to know when having regualr seizures as time recovering costs them money that able bodies person wouldnt. Frustrating.


  5. #5
    Basic Account Holder stalin's dead Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    288

    Default Re: ESA descriptors and points for epilepsy

    People see a healthy body and person but the problem lies deep inside the brain which of course is hidden from view.

    Seizures can hit without warning, 'whack' and that's it your life comes to a halt for a week or so. An employer will not tolerate a person who cannot give consistency of attendance

    I have no choice but to claim ESA. I have worked all my life and have had epilepsy all that time but have lost many jobs due to time off for seizures

    If they take me off ESA i will go ballistic. It is a recognised neurological ailment. Unlike most other supposed ailments like depression, anxiety etc seizures mean you are UNCONSCIOUS! You cannot do anything because you are not 'alive'!

    Even people with missing limbs etc know they will wake up in the morning. I dont have that luxury even with medication

    Stress triggers my fits and lack of cash!

    anyway chill and take care cos im off for a week


  6. #6
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2006
    Posts
    5,050

    Default Re: ESA descriptors and points for epilepsy

    the docs an cardio specialist have put me on GABOPENTIUM seems to be working only had a few attacks per month but my condition is vascular
    oxygen starvation and to cure it would mean the skull coming of then a stint put into the blockage but it s a far to expensive an operation to perform plus risky because i could have a reaction brfore the operation begins ,so i just gotta take it easy and no stress,thats the killer stress yet it is hard to avoid huh...
    patrickq1

    [URL="http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html"][COLOR=#003399]http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html[/COLOR][/URL]




    [COLOR=#ff0000]Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional[/COLOR]
    Follows
    0
    Following
    0

  7. #7
    Basic Account Holder stalin's dead Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    288

    Default Re: ESA descriptors and points for epilepsy

    Just been told by the DWP that I have failed the ESA medical. Even though my epilepsy has worsened since Xmas they obviously have chosen to overlook that fact and simply rejected my arguments.

    I am awaiting the actual letter and appeal form GL24.

    How can I be fit for work when i'm having a grand mal seizure on the kitchen floor from which it takes around 5 days to fully recover only to have another one 4 weeks later and then another one and then another one!

    mystifying but it seems they are now deliberately, as a matter of policy, and systematically failing people in contravention of overwhelming evidence


  8. #8
    Basic Account Holder andys12 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2012
    I am in
    Kidderminster
    Posts
    1

    Default

    Hi loopinlouie I'm epileptic to i was diagnosed back in 2008 since I left school i have been for interviews for numerous jobs and they have all turned me down because of my seizures. I have applied for esa twice in the past year and have been told I'm not eligible as there are no signs that I'm unfit for work. What really has annoyed me is that my mate is on it for depression it really is ridiculous as he can get over that as us epileptics are stuck with our illness for life and its also a life threatening illness.


  9. #9
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    6,762

    Default Re: ESA descriptors and points for epilepsy

    Quote Originally Posted by andys12 View Post
    What really has annoyed me is that my mate is on it for depression it really is ridiculous as he can get over that as us epileptics are stuck with our illness for life and its also a life threatening illness.
    Wow, how ignorant. And some people don't have epilepsy for life.


  10. #10
    Basic Account Holder dasis16 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2010
    Posts
    66

    Default Re: ESA descriptors and points for epilepsy

    I sympathize with any ESA claimant who has such a serious condition and is denied benefit.

    I think it is seriously wrong to suggest, however, that any claimant with a mental health issue is somehow less entitled. When it gets down to it, both epilepsy and depression (for example of a mental illness) are both caused by problems with the brain.


  11. #11
    Basic Account Holder Slatted Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2012
    Posts
    411

    Default Re: ESA descriptors and points for epilepsy

    Quote Originally Posted by Nystagmite View Post
    Wow, how ignorant. And some people don't have epilepsy for life.
    Nystagmite Whilst I agree with the sentiment of your comment and agree taht certainly the comment from andys12 seems to underestimate the organic and difficult nature of mental illness... epilepsy is a permanent condition, it is "for life".

    Whilst the symptoms can be managed and some fortunate people control seizures completely with medication it is never cured, it can resurface at any time and medications may need adjustment over time. The medications also have some nasty side effects that can effect abilities also and in my husbands case he had to change medications completely as they reduced his white blood count and nearly killed him!


  12. #12
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    6,762

    Default Re: ESA descriptors and points for epilepsy

    Epilepsy isn't always for life. I outgrew mine.


  13. #13
    Basic Account Holder Slatted Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2012
    Posts
    411

    Default Re: ESA descriptors and points for epilepsy

    I have never heard of anyone "outgrowing" epilepsy and in the literature it has always been pointed out that even if symptoms end the risk of them starting again is there..were they definitely epileptic seizures and not the other type?

    I was always told that epilepsy is managed and not cured and although some can go without fits for years it is never safe to assume it has gone forever.

    I am glad that your fits are no longer troubling you Nystagmite.


  14. #14
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    6,762

    Default Re: ESA descriptors and points for epilepsy

    Apparently, children can outgrow them. I had then as a child and my last recorded one was 12 years ago.


  15. #15
    Basic Account Holder jackiemdmc Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2012
    Posts
    11

    Default Re: ESA descriptors and points for epilepsy

    I too have epilepsy it was ignored by atos because it is managed via meds and gp last fit 12 months ago


  16. #16
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne Authoritative jackieandwayne's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    Dorset
    Posts
    1,159

    Default Re: ESA descriptors and points for epilepsy

    Well, my mate Lee had epilepsy until he reached his teens. Then it seemed to vanish. Last week he caught a really bad chesty cold, a virus, and at 37 had a massive fit. He's devastated by it, not least because he smashed his front teeth out on the coffee table as he went down. I know very little about this disability, but he told me that as very young children both he and his sister had chicken pox and he was really ill with it, ended up in hospital whereas his sister was skipping around in a week or so. Anyway, his mum said that the fits started just after the chicken pox virus had gone.

    And I agree, depression is a vile and dangerous mental illness, not easily shrugged off, and can cause a person to take their own life, harm others etc. There are several types of it, and none of them should be taken lightly.

    I hope the op fights this all the way. I really feel for my friend, he spent all his school years being told not to bother studying this that and the other because his epilepsy would preclude him from many careers/ordinary employment, then he thinks he's free of it, trains to be a carpenter in his late 20's, gets lots of regular work, has a small business going, catches a cold, then bang, all of that is lost in a moment. I wonder how DWP are going to treat him.


  17. #17
    Basic Account Holder Farbramble Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2010
    I am in
    Norfolk
    Posts
    99

    Default Re: ESA descriptors and points for epilepsy

    Sorry to bump this old thread.

    I'm also in the process of claiming ESA for epilepsy. Has anyone succeeded? Also, what descriptors apply to this condition?

    I can only find:

    9. Absence or loss of control whilst conscious leading to extensive evacuation of the
    bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of
    any aids or adaptations which are normally, or could reasonably be, worn or used.
    (a) At least once a month experiences
    (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;
    or
    (ii) substantial leakage of the contents of a collecting device;
    sufficient to require cleaning and a change in clothing. 15 points
    (b) The majority of the time is at risk of loss of control leading to extensive evacuation of the
    bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if
    not able to reach a toilet quickly. 6 points
    (c) None of the above apply. 0 points


  18. #18
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    6,762

    Default Re: ESA descriptors and points for epilepsy

    I seem to remember they have now decided that the criteria you quoted doesn't apply when having a seizure. So, if you have a bladder / bowel problem which happens when concious, you'd get points. But you won't get points if it only happens during a seizure.


  19. #19
    Basic Account Holder Farbramble Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2010
    I am in
    Norfolk
    Posts
    99

    Default Re: ESA descriptors and points for epilepsy

    Just seen this also, that voiding bladder/bowels during a seizure no longer counts (the law changed Jan '13).

    Just seen another descriptor that applies:

    10. Consciousness during waking moments.
    (a) At least once a week, has an involuntary episode of lost or altered consciousness
    resulting in significantly disrupted awareness or concentration. 15 points
    (b) At least once a month, has an involuntary episode of lost or altered consciousness
    resulting in significantly disrupted awareness or concentration. 6 points
    (c) None of the above apply. 0 points


  20. #20
    Site Team stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007 Authoritative stu007's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2010
    I am in
    scotland
    Posts
    4,461

    Default Re: ESA descriptors and points for epilepsy

    Hi

    This link for the Epilepsy Society may be of help: http://www.epilepsysociety.org.uk/ab...a#.UytOQ6NFDZ5

    How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

    FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

    How to Start Your Own Thread **CLICK HERE**

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<

    I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

    I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.
    If you wish to check my advice please seek other independent/professional sources.

    Be assured that our advice and support is FREE on CAG.

    PLEASE HELP US TO KEEP THIS SITE RUNNING

    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Follows
    0
    Following
    0


Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE