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ESA and genetic [physical] causes of myriad issues

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9 years 10 months ago #137549 by juba
I am having to complete another ESA form for my daughter who has Down's Syndrome - 2 years after the last one.

I've been reading about the mental health vs physical and wondering why in some conditions they are not considered one and the same.

Down's Syndrome has cognitive effects and physical effects due simply to one physical identifiable genetic cause - an extra chromasome 21 in every body cell.

This changes her physical body and has myriad effects on her.

Has anyone argued this does anyone know?

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9 years 10 months ago #137559 by Gordon
Juba

In the last major update to ESA (January 2013), the Government separated the points for physical problems and mental health issues, so you won't score points for the Mobility Descriptor because you have depression and you won't score points for Coping with Change if you have a broken leg.

However, if you have both physical and mental or cognitive problems or a illness or disability that has both symptoms there is no reason why you cannot argue both, just make it clear that each problem is the result of the relevant problem.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: juba

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9 years 10 months ago #137561 by juba
I found something on DLA [OK so not ESA : :) ) ] but it said that

"Down's Syndrome although it impaired the mental functioning was a physical disorder because it was due to faulty genetic inheritance' They didn't give a general ruling but I thought it interesting.

The problems in DS are wholly to do with the additional genetic [physical body stuff] material which starts at conception ....

I wondered what others thought of the argument

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