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ESA Descriptor confusion.
- AtomicClonic
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Have I got this right? 'There is now a stipulation that only a claimant with a physical condition can satisfy a physical descriptor...' The B&W guide for Physical Health Grounds says that it is for physical health conditions 'such as: epilepsy..' (which surprised me very much as I have always thought of epilepsy as a mental condition.) Therefore the descriptor which best describes my difficulties (Number 10; Reduced awareness of everyday hazards) is not available for me to use in my appeal because it is a mental health descriptor? Or have I misunderstood? Thanks for your help.
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- Gordon
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GGW wrote: Hello. I am an epileptic and am appealing against LWRAG and for SG.
Have I got this right? 'There is now a stipulation that only a claimant with a physical condition can satisfy a physical descriptor...' The B&W guide for Physical Health Grounds says that it is for physical health conditions 'such as: epilepsy..' (which surprised me very much as I have always thought of epilepsy as a mental condition.) Therefore the descriptor which best describes my difficulties (Number 10; Reduced awareness of everyday hazards) is not available for me to use in my appeal because it is a mental health descriptor? Or have I misunderstood? Thanks for your help.
You are correct that the changes in January mean that a claimant should not expect to score points in the Mental Health section if their underlying problems are physical and vice versa.
However, there is no definitive list of whether any particular illness or disablement is physical, mental, or a combination of the two, so even though epilepsy comes is covered under the Physical Descriptors, our advice is to ignore the rule and state your case.
This may not be an issue but you should also be aware that there is a discrepancy between the two descriptors, the Staying Conscious Descriptor requires there to be an episode at least once a week, whereas the Awareness of Hazard requires supervision to be need the majority of the time or at least 4 days a week.
Gordon
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- AtomicClonic
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Thanks again.
GGW
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- Gordon
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GGW wrote: Thank you very much, Gordon. It's a good idea (and a great relief!) Is there a 'Staying conscious' descriptor? I can only think of Activity 10 "Staying conscious when awake" and the LCW periods of altered consciousness
Thanks again.
GGW
Yes, that was what I was referring to, unfortunately, it has no Support Group equivalent. The ESA85(A) should (might not), give you some idea of how you qualified for the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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