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ESA Other information box and learning disability

  • speedywheelz
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10 years 10 months ago #122946 by speedywheelz
Hello. I have written a statement of fact for my husband who has a severe physical disability and a mild learning disabiility. I have the following questions:

Is there an example of a disability statement of fact on the website?
The learning disability criteria relate to operating a wahing machine and setting an alarm clock, planning and organisation. He can do these things however, he cannot read the different setting on the machine but could operate it if it was on a particular setting.

He could not get to a route which is unfamiliar- He has difficulties with planning, organisation and retaining and recalling information. He can learn some things, but it is a substantial effort for him to do so and he would need help.

These question seem to be disregarding the many other aspects of LD, so how can you make sure you score points for learning disability if some of the problems are outside the question criteria, e.g some difficulties with understanding/expressing language- using the wrong vocabulary or switching topics of conversation without introducing it, not being able to read/write and need prompting to follow several instructions.

He had a SEN statement and attended a 'special' school all his life. We do not have a copy of this or much medical info. The GP has signed my info and printed off a summary sheet of his medical condition. It only states he diagnosis and that he had an SEN statement. Due to his disabilities he has never been able to work... I do find it ridiculous that in a situation such as this, the DWP feel that it is necessary to reassess!! Don't they apply common sense?!

He needs to be placed in the support group.

I have said that in a work environment, he would basically need someone else to do the job. Is there anything else, or any suggestions of examples that I could use regarding his difficulties outside of the questions. Surely it does not mean that any difficulties other than the questions are not counted?! How much info do they need?
Many thanks.

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10 years 10 months ago #122947 by Gordon
speedywheelz

Welcome to the forum.

I am afraid there is no template for a statement of fact, the things that need to be included are your full name and address, your relationship (sorry if it's obvious but you don't know who will be reading it) and how often you see him (again don't assume), lastly you need to include a statement at the end attesting that the information is correct with your signature.

Although much criticised it is DWP policy to re-assess all claimants on a regular basis, even those with incurable and/or deteriorating conditions, as you haven't posted before I'm obviously not aware of when your husband was last assessed so you should be aware that the ESA Descriptors and Regulations changed in January 2013, so you should make sure that you are using the latest ESA guides.

www.benefitsandwork.co.uk/help-for-claimants/esa

Information not related to the ESA Descriptors will be considered but is likely to be given little weight, the Decision can only be made on whether your husband meets Descriptors or Regulations.

In regard the Planning test, I would argue that his being able to read the settings is fundamental to his being able to operate it, for example; if it is currently set for a hot wash and he needs to do a woollen wash then he would not be able to properly configure the machine.

With regard the SEN statement, have you tried asking the school? I realise that it is a long shot, but they have knowledge of who would have performed the assessment which might lead you to a copy.

That said, it is essential that you return the form on time, so do not consider waiting for additional information it can always be sent on afterwards. Failing to return the form on time can lead to the claim being closed and at the very least can cause problems with the claim that I am sure you do not need. :)

Remember that tasks must be performed safely, repeatedly and reliably for the majority of the time for a claimant to be considered as being able to do them.

If we can help more, please to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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