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Mental Function Assessment

  • del
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11 years 8 months ago - 11 years 8 months ago #111216 by del
Mental Function Assessment was created by del
This is confusing me, surprise, surprise :laugh:

Just reading bits of the Wca handbook and came across 3.5 section 3.5.1 page 112, one paragraph in particular states: Therefore the mental function assessment should be applied in all cases where a specific mental disease or disability affecting function has been diagnosed or when there is a condition, whether mental, physical or sensory, resulting in apparent impairment of cognitive or intellectual function.

So, does this mean that mental and physical have to be considered when diagnosed as having mental health conditions such as anxiety, cognitive problems, depression, or does this relate to the law before it was amended?
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #111225 by Gordon
Replied by Gordon on topic Mental Function Assessment

del wrote: This is confusing me, surprise, surprise :laugh:

Just reading bits of the Wca handbook and came across 3.5 section 3.5.1 page 112, one paragraph in particular states: Therefore the mental function assessment should be applied in all cases where a specific mental disease or disability affecting function has been diagnosed or when there is a condition, whether mental, physical or sensory, resulting in apparent impairment of cognitive or intellectual function.

So, does this mean that mental and physical have to be considered when diagnosed as having mental health conditions such as anxiety, cognitive problems, depression, or does this relate to the law before it was amended?


Reading the whole section through, my feeling is that is probably something that should be revised in light of the January changes, a quick scan of a 2011 version of the guide suggests the wording is unchanged.

In summary it is saying that there should always be a consideration of whether any of the Mental Health Descriptors apply, which you would hope was always the case, I do not think that the January changes affect this, but some of the examples, clearly would be an issue based on the current legislation.

It is important to remember that the WCA Handbook is not a legal document in regard the making of ESA Decisions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • del
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11 years 8 months ago - 11 years 8 months ago #111446 by del
Replied by del on topic Mental Function Assessment

Gordon wrote:

del wrote: This is confusing me, surprise, surprise :laugh:

Just reading bits of the Wca handbook and came across 3.5 section 3.5.1 page 112, one paragraph in particular states: Therefore the mental function assessment should be applied in all cases where a specific mental disease or disability affecting function has been diagnosed or when there is a condition, whether mental, physical or sensory, resulting in apparent impairment of cognitive or intellectual function.

So, does this mean that mental and physical have to be considered when diagnosed as having mental health conditions such as anxiety, cognitive problems, depression, or does this relate to the law before it was amended?


Reading the whole section through, my feeling is that is probably something that should be revised in light of the January changes, a quick scan of a 2011 version of the guide suggests the wording is unchanged.

In summary it is saying that there should always be a consideration of whether any of the Mental Health Descriptors apply, which you would hope was always the case, I do not think that the January changes affect this, but some of the examples, clearly would be an issue based on the current legislation.

It is important to remember that the WCA Handbook is not a legal document in regard the making of ESA Decisions.

Gordon


Thanks Gordon, is there a document somewhere that outlines the legal side of the mental health questions regarding ESA, if that makes sense?
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #111447 by Gordon
Replied by Gordon on topic Mental Function Assessment

del wrote: Thanks Gordon, is there a document somewhere that outlines the legal side of the mental health questions regarding ESA, if that makes sense?


The ESA Claims on Mental Health Grounds guide in the Members only area has the legal definitions in it.

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

Gordon

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