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M.E. sufferer from Wrag to Jobseeker again

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9 years 10 months ago #137649 by Wonko
Replied by Wonko on topic M.E. sufferer from Wrag to Jobseeker again

Gordon wrote: Wonko

As far as I am aware ME/CFS is defined as a physical condition by the DWP!

This is definitely the case for DLA, the documentation for ESA and PIP is not in the public domain, if it exists at all, but I doubt that it is any different.

Gordon

It should be I agree, officially it is, but in practice things are different, I've been told by staff on 3 phone calls that it's treated as mental health as far as the medicals are concerned and this is borne out by my experience of the system e.g. no new ESA50 before most recent medical - reason given they don't send them out to people with mental health conditions, told previous ESA 50's been received late when I've rung up to check on arrival but claim not stopped, told everything was ok as I suffered from mental health issues this was normal procedure.

On the last one I asked for clarification/confirmation and was told yes they were aware M.E. was a neurological condition but they treat it as mental health.

I agree DLA treat M.E. as primarily physical, in fact they see to treat it as normal fatigue and ignore anything that doesn't fit this belief no matter who writes it.

My primary diagnosis is M.E., I have a few issues caused directly by the M.E., (such as cognitive impairment), which are normal for PWME and a few other things wrong such as mild ASD (which as it wasn't diagnosed then had not been put down as such on previous ESA50s) and complications from diabetes (neuropathic pain etc,) - none of which are mental health problems IMO.

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9 years 10 months ago #137660 by beekles
Replied by beekles on topic M.E. sufferer from Wrag to Jobseeker again
Wonko - Thanks for replying in such a frank and helpful manner. I think we will have to make sure we demonstrate how much our son depends on our support and the things he just couldn't manage without it- even on a 'good' day yet alone a bad one. He has had ME since he was 13 so he has never left home. He is 27 now and mirrors a lot of the behaviours and difficulties you describe in your post .
Anyway I appreciate your remarks and just hope that your own condition will improve or at least that your dealings with the DWP will not make it worse.
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9 years 10 months ago #137661 by Gordon
Replied by Gordon on topic M.E. sufferer from Wrag to Jobseeker again
Wonko

Notwithstanding what the DWP may have told you, if a condition has been classified as being Physical or Mental Health issue, then a Decision Maker cannot re-interpret it to fit with their understanding of the condition, to do so would be an Error of Law.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 10 months ago #137662 by Gordon
Replied by Gordon on topic M.E. sufferer from Wrag to Jobseeker again

beekles wrote: Wonko - Thanks for replying in such a frank and helpful manner. I think we will have to make sure we demonstrate how much our son depends on our support and the things he just couldn't manage without it- even on a 'good' day yet alone a bad one. He has had ME since he was 13 so he has never left home. He is 27 now and mirrors a lot of the behaviours and difficulties you describe in your post .
Anyway I appreciate your remarks and just hope that your own condition will improve or at least that your dealings with the DWP will not make it worse.


ESA does not test the support that a claimant has/needs, it looks at their ability to complete a variety of tasks, you need to concentrate on why your son cannot perform these tasks on his own.

Gordon

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