ESA APPEAL WEDNESDAY - Help needed please re descriptors and points scoring

[sit down]

Hi,

 

I have my ESA appeal tomorrow. In determining whether I should be awarded ESA I am confused as to whether I should be counting points from The Employment and Support Allowance Regulations 2008 Schedule 2 or the LCW descriptors as laid out in the Tameside help document.

 

The descriptors in the Tameside doc appear to be less generous than those in the actual Act on which they should (?) be based. I suffer from epilepsy and loss of control of bodily functions and believe I score enough points if the more detailed descriptors in activities 10 and 11 of the Act are applied. I cannot understand why these differ from the scoring system in the Tameside doc where they seem to be replaced by activities 9 and 10 which are less detailed and thus limit my ability to score points.

 

My appeal is on Wednesday so I am desperate for some help please.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

Is this what you are looking for.. 2 links in the first post of the thread above.

 

I will also flag your thread for further assistance.

[sit down]

Thanks for the links. They have the same scoring system as what I was calling the Tameside doc.

 

What I need to know is if I have to refer to those descriptors and scoring system or if I can base my appeal around what it actually says in Schedule 2 of The 2008 Act. I don't have a high enough post count to post links atm but what I really want to do is refer to the more detailed descriptors and scoring system in the Act.

 

For example, if I had 2 seizures in the 6 months preceding the assesment I could apply the following (taken from the Act) : 11. Remaining conscious during waking moments.11(a)At least once a week, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.15(b)At least once a month, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.9©At least twice in the six months immediately preceding the assessment, has had an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.6(d)None of the above apply.0

From that I should score 6 points but in the factsheets you link to I would score 0. Which is correct? Many thanks.

[honeybee13]

Hello there.

 

This is a link to the DWP June 2011 document on descriptors, which is the most recent AFAIK. You need from page 17 onwards to see which descriptors you fit and how many points you think you should score.

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

 

There's also a forum sticky about appeals and tribunals with my name on it and a template letter if you have time to put something together today.

 

My best, HB

[honeybee13]

Hello again. How are you getting on?

 

HB x

[grahamengineering]

Wouldn't it come down to the frequency of you losing consciousness or losing control of your bodily fucntions? By my reckoning if it is only happening on average every 3 months, You would be entitled to 6 points on the bodily functions scoring and 0 on the loss of consciousness. I suppose the governments way of thinking is that this oly happens to you 4 times a year on average you could theoretically do some sort of work.

[honeybee13]

Wouldn't it come down to the frequency of you losing consciousness or losing control of your bodily fucntions? By my reckoning if it is only happening on average every 3 months, You would be entitled to 6 points on the bodily functions scoring and 0 on the loss of consciousness. I suppose the governments way of thinking is that this oly happens to you 4 times a year on average you could theoretically do some sort of work.

 

Well, only the OP will know their own health. It's hard for us to judge.

 

My best, HB

[sit down]

Thanks for the responses so far.

 

I'm sitting here really worried but by my reckoning the following should have scored me another 6 points (and I've already scored 6 in mental health and section) :

 

11©At least twice in the six months immediately preceding the assessment, has had an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration. 6 points.

 

That added to the 6 for the continence issue should have given me 18. Or am I misunderstanding something?

[grahamengineering]

Going by honeybees up to date scoring system direct from the governments own website, I would read it you will get the 6 for the mental illnesses already agreed on. You would then get a further 6 for the continence issue. But if you are saying you are only losing consciousness every 3 months on average you will score no points there. They are saying you need to be having at least 1 every month to qualify for points on that count. So unless there are any other areas you can think of that you would qualify for further points on then unfortunately I only count that as 12.

[RaeUK]

Hi, sit down, if you're still up worrying please don't! Whilst I can't speak for every tribunal, the two I have attended have both been very informal and helpful. The panel, generally speaking, bends over backwards to try and get you as many points as they can within their remit. Best wishes for tomorrow ...

[speedfreek]

For the descriptors it depends on when you were asked to fill in/sent your ESA50 form.

 

Pre April 2011 then the original descriptors apply. Afterwards then the new ones do.