Colleagues,
With only barely two months to go before the launch of ESA, there appears to be developing concern (already reflected in this forum and in other places) about the way that ESA will affect people with mental health problems. Critics point to the ambiguity of the some of the new activity and descriptor language, and to the absence of any exemptions for people with mental health problems from the new 'limited capability for work' test (LCW), although there is still a possibly useful 'exceptional circumstances' possibility for those who fail the test.
On the other hand, others have commented that the expanded list of activities and descriptors for this client group implies a broader recognition of their problems, thus carrying with it an improved chance of passing the test. But does the expanded list of activities actually improve your chances?
For example, have a look at Activity 13(a), which is a 'home run' 15 pointer...
'...On a daily basis, forgets or loses concentration to such an extent that overall day to day life cannot be successfully managed without receiving verbal prompting, given by another person in the presence of the claimant...'
On first sight, this is a new possibility, and under the old rules, a person might otherwise have to scramble around trying to gather 1 or 2 points wherever they can across the pre-existing four activity headings in the PCA to get the 10 points needed. However, I reckon its going to be pretty hard to satisfy 13(a).
Take the new activity 16(a): also worth 15 points...
'...Is unable to successfully complete any everyday task...'
How many clients will succeed here? Looking further down the descriptor sub list of activity 16, here is 16(d), which is worth 6 points:
'...Takes one and a half times the length of time it would take a person without any form of mental disablement to successfully complete an everyday task with which he is familiar...' How are they going to measure this? Subject to lengthy challenge, who sets the baseline definition of the time it should take, in the absence of disability? You guessed it!
Has anyone had the chance to run their client's current circumstances (those successfully on IB etc with mental health problems) against the new LCW test, to see how they come out?
The Government says that about 10% of the current sick cohort will fail the new LCW test, once it's light eventually shines on them. How can we prepare for this, and who is going to pay for the upgraded medical evidence that will be needed to help our clients jump over the raised bar?
Sorry if all this has been raised before!
Steve
|