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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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ESA descriptors and points for epilepsy


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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

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subbing. 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.

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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

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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

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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

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  • 2 years later...

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.

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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.

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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.

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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!

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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.

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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.

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  • 1 year later...

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

© None of the above apply. 0 points

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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.

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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

© None of the above apply. 0 points

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Hi

 

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

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