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MyLegal :: Talk about legal advice :: News and info from the front line :: ESA Mental health determination
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 AuthorTopic: ESA Mental health determination (Read 2,148 times)
nickd
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 ESA Mental health determination
« Thread Started on Jun 30, 2012, 10:31am »



The world's maddest job interview....



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Will only be accessible to those who pass an even crazier test ....


Your doctor won't be trusted ....



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Your sick note....



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Will be worth no more than the paper it's written on....





[black]Even Government's robotic clinicians....[/color]


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Won't have the final say...










































The starting point in most Employment & Support Allowance claims is to visit your doctor and obtain a sick note; now commonly called a 'fit note' since a change in the Medical Evidence Regulations from the 6th April 2010 now requires a doctor to consider a patient's ability to carry out some work. The amending legislation is contained within the The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010. It is often overlooked that a patient's own doctor is the first person to make a decision on their 'limited capability for work'. The doctor can decide that their patient is (a) incapable of work or (b) could do some work but only if (1) it is done on a phased return to work (2) with altered hours (3) amended duties or with (4) workplace adaptations. Your doctor should generally discuss this with you.







An 'ESA 50' form will generally need to be completed by the claimant...


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The claimant will generally be assessed by an (ATOS) Healthcare professional...


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Who will generally conduct the mental health, intellectual function & cognitive impairment assessment.




A DWP decision - maker will make a decision...


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 Re: ESA & mental health - a raw deal?
« Reply #1 on Jun 30, 2012, 10:45am »

11. Learning tasks.

Descriptor Points

(a) Cannot learn how to complete a simple task, such as setting an alarm clock. = 15
(b) Cannot learn anything beyond a simple task, such as setting an alarm clock. = 9
(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes. = 6
(d) None of the above apply. = 0
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 Re: ESA & mental health - a raw deal?
« Reply #2 on Jun 30, 2012, 10:47am »

12. Awareness of everyday hazards (such as boiling water or sharp objects).

Descriptor Points

(a) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions such that they require supervision
for the majority of the time to maintain safety. = 15

(b) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions such that they frequently require
supervision to maintain safety. = 9

(c) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions such that they occasionally require supervision to maintain safety. = 6

(d) None of the above apply. 0

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 Re: ESA & mental health - a raw deal?
« Reply #3 on Jun 30, 2012, 10:49am »

13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).

Descriptor Points

(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. = 15

(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time. = 9

(c) Frequently cannot, due to impaired mental function, reliably initiate or
complete at least 2 personal actions. = 6

(d) None of the above apply 0

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 Re: ESA & mental health - a raw deal?
« Reply #4 on Jun 30, 2012, 10:50am »

14. Coping with change.

Descriptor Points

(a) Cannot cope with any change to the extent that day to day life cannot be managed. = 15

(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult. = 9

(c) Cannot cope with minor unplanned change (such as the timing of an
appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. = 6

(d) None of the above apply. 0

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 Re: ESA & mental health - a raw deal?
« Reply #5 on Jun 30, 2012, 10:51am »

15. Getting about.

Descriptor Points

(a) Cannot get to any specified place with which the claimant is familiar. = 15

(b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person. = 9

(c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. = 6

(d) None of the above apply. 0

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 Re: ESA & mental health - a raw deal?
« Reply #6 on Jun 30, 2012, 10:52am »

16. Coping with social engagement due to cognitive impairment or mental disorder.

Descriptor Points

(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. = 15

(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual. = 9

(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. = 6

(d) None of the above apply. 0

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 Re: ESA & mental health - a raw deal?
« Reply #7 on Jun 30, 2012, 10:53am »

17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.

Descriptor Points

(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. = 15

(b) Frequently has uncontrollable episodes of aggressive or disinhibited
behaviour that would be unreasonable in any workplace. = 15

(c) Occasionally has uncontrollable episodes of aggressive or disinhibited
behaviour that would be unreasonable in any workplace. = 9

(d) None of the above apply. 0

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 Re: ESA & mental health - a raw deal?
« Reply #8 on Jun 30, 2012, 10:53am »

The problems with scoring?
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 Re: ESA & mental health - a raw deal?
« Reply #9 on Jun 30, 2012, 10:54am »

Exceptional circumstances

Exceptional circumstances (Non-functional descriptors)

There are a small number of cases where the claimant could carry out all the activities in the assessment, but would still qualify for Employment and Support Allowance, either limited capability for work if either of the following criteria apply or limited capability for work related activity if only the second one applies.

The circumstances when this would apply are:

• A claimant is suffering from a severe life threatening disease in relation to which –

i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure

• A claimant is suffering some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.

The evidence available to the decision maker will include advice from the approved healthcare professional.
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 Re: ESA & mental health - a raw deal?
« Reply #10 on Jun 30, 2012, 12:05pm »

http://www.direct.gov.uk/prod_consum_dg/..../dg_177366.p df


MH

http://www.nawra.org.uk/Documents/Resources/Research/Dr_Ruth_Tindley_thesis.pdf

Further source from Careguy blog post - integrate

http://www.thecareguy.com/blog/read_4377....-diagnosis.html
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 Re: ESA Mental health determination
« Reply #11 on Sept 26, 2012, 11:54am »

am awaiting esa form with dread.however thanks to your extensive guide on filling out this form and other imformation available i am at least more aware of the pit falls you can encounter and there are many.in regards to your man on the cliff top in the mental health i am that man and if i did not get the help and support iwoul have jumped thank you
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