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Esa help - epileptic
- Philip Leatherbarrow
- Topic Author
9 years 11 months ago #135052 by Philip Leatherbarrow
Esa help - epileptic was created by Philip Leatherbarrow
Hello,I have my esa medical assessment next week and can't find much /anything to do with epilepsy ? Reading about the medical etc it seems to be more relevant to people who have difficulty getting around ,walking etc, I have been dreading this moment for months and when I got the phone call today my heart sank as I'm so worried as being epileptic there doesn't seem to be much info out there to help me and advice me,any info or help with filling in the gaps on what's going to happen or what to do would be a great help,thank you.
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- Gordon
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9 years 11 months ago #135062 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa help - epileptic
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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The effects of Epilepsy are covered under Descriptor 10 Staying Conscious When Awake, you may also be able to qualify under Regulations 29 (see qualifying for the WRAG due Exceptional Circumstances).
You may also qualify under Regulation 35 for the Support Group, however, not directly as a result of your Epilepsy as there is no SG equivalent to the Staying Conscious Descriptor.
The ESA guides are on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
The effects of Epilepsy are covered under Descriptor 10 Staying Conscious When Awake, you may also be able to qualify under Regulations 29 (see qualifying for the WRAG due Exceptional Circumstances).
You may also qualify under Regulation 35 for the Support Group, however, not directly as a result of your Epilepsy as there is no SG equivalent to the Staying Conscious Descriptor.
The ESA guides are on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Philip Leatherbarrow
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- Philip Leatherbarrow
- Topic Author
9 years 11 months ago - 9 years 11 months ago #135100 by Philip Leatherbarrow
Replied by Philip Leatherbarrow on topic Esa help - epileptic
Thanks for the reply and advice Gordon but I'm so sorry I can't find the bit where you mentioned descriptor 10 or regulation 35 is there a link you could post,I have looked around on the link you posted to sea help but that opens up so many links I don't know which is the right 1 plus like I said before none of it mentions epilepsy , thanks for your time as I know it's limited.
Last edit: 9 years 11 months ago by .
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9 years 11 months ago - 9 years 11 months ago #135123 by
Hi P,
The ESA Claims Guides that Gordon refers to are 3rd link down (for physical health issues) and 4th link down ( for mental health issues) from the top of this page :
ESA Claims Guides
This is Activity/Descriptor 10 of :
The WRAG (LCW) Schedule 2 Descriptors that Gordon refers to :
"Activity :
10. Consciousness during waking moments.
Descriptors :
10(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) Neither of the above applies. 0 Points."
Yo have to score 15 points cumulatively across all/any of The WRAG Activities/Descriptors to be placed into The WRAG.
If you can't gain WRAG entry that way, there is The Exceptional Circumstances Rule:
ESA Reg 29 for entry to The WRAG (LCW)
PLUS Post 28/01/13 Amendment of :
(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant’s workplace;
or
(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.
From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made
As Gordon also states there is no equivalent Activity/Descriptor to 10. (for Epilepsy) in : The Functional SG (LCWRA) Schedule 3 Descriptors.
To gain entry to The SG under The Functional Descriptors, you have to fulfil at least one of them. (Any one)
Or, if none of those, under : ESA Reg 35 for entry to The SG (LCWRA)
This is all explained in our ESA Claims Guides.
See also : Qualifying for the WRAG
Qualifying for the Support Group
&
ESA Medical – What to expect
From our : ESA FAQ’s
bro58
Replied by on topic Esa help - epileptic
Philip wrote: Thanks for the reply and advice Gordon but I'm so sorry I can't find the bit where you mentioned descriptor 10 or regulation 35 is there a link you could post,I have looked around on the link you posted to sea help but that opens up so many links I don't know which is the right 1 plus like I said before none of it mentions epilepsy , thanks for your time as I know it's limited.
Hi P,
The ESA Claims Guides that Gordon refers to are 3rd link down (for physical health issues) and 4th link down ( for mental health issues) from the top of this page :
ESA Claims Guides
This is Activity/Descriptor 10 of :
The WRAG (LCW) Schedule 2 Descriptors that Gordon refers to :
"Activity :
10. Consciousness during waking moments.
Descriptors :
10(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) Neither of the above applies. 0 Points."
Yo have to score 15 points cumulatively across all/any of The WRAG Activities/Descriptors to be placed into The WRAG.
If you can't gain WRAG entry that way, there is The Exceptional Circumstances Rule:
ESA Reg 29 for entry to The WRAG (LCW)
PLUS Post 28/01/13 Amendment of :
(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant’s workplace;
or
(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.
From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made
As Gordon also states there is no equivalent Activity/Descriptor to 10. (for Epilepsy) in : The Functional SG (LCWRA) Schedule 3 Descriptors.
To gain entry to The SG under The Functional Descriptors, you have to fulfil at least one of them. (Any one)
Or, if none of those, under : ESA Reg 35 for entry to The SG (LCWRA)
This is all explained in our ESA Claims Guides.
See also : Qualifying for the WRAG
Qualifying for the Support Group
&
ESA Medical – What to expect
From our : ESA FAQ’s
bro58
Last edit: 9 years 11 months ago by .
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- Philip Leatherbarrow
- Topic Author
9 years 11 months ago #135155 by Philip Leatherbarrow
Replied by Philip Leatherbarrow on topic Esa help - epileptic
Thank you very much,
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