Have just completed successful IB Appeal in which the customer strongly asserted that the PCA does not in any way adequately accomodate such illnesses as CFS.We were able to tear apart the computer generated assessment as being totally incapable of recognising the variable degree of this condition.It continually claimed that CFS was a mental illness with the 4 points awarded coming from the MH descriptor category. The customers argument was that, although mental stress was a factor within the context of the overall condition,the physical factors such as being totally exhausted at the least exertion and having to sleep an inordinate amount of hours are also critical factors which the physical descriptors are not designed to accomodate.
The Tribunal Chair also found it difficult to get his head round this and was obviously guided by the doctor.
In the end, they awarded 10 MH points as this seemed their only way out, given the amount of evidence which we managed to produce on the customer's behalf.
Are other advisers coming across similar intransigence in relation to other illnesses and, if so, should we not looking at raising the whole issue of the inadequacy of the PCA in relation to CFS and other similar conditions?

Chronic fatique Syndrome or ME is a physical medical condition and is not a mental illness. See the ME Association Web pages for a more detailed description etc.

http://www.meassociation.org.uk/fmedinfo.htm

It it recognised as such by the World Health Organisation, and was also recognised by the the Minister for Health (Stephen Dorrell I believe) in a statement made in the House of Commons in the in the mid 1990's.

As I understand it, it is initially triggered by a viral infection, but the actual symptoms (extreme fatigue etc) are caused by chemical changes that have occurred in the brain, well according to various research papers produced here and in the States.

Your tribunal in their apparent ignorance, and it seems guided by a Doctor who didn't accept ME as a physical condition, (there are still a few like that) approached the appeal from entirely the wrong direction - if anything, it's the sudden inability to do very much without extreme exhaustion that causes depression etc, not the other way round!

The PCA was certainly never designed with conditions like this in mind: MS, ME & MD to think of a few.

I agree that the inadequate nature of the PCA should be a social policy issue. I had a client that had no points in the PCA and was therefore deemed fit for work despite his GP's disagreement. The essence of the problem is that, yes someone may be able to get out of a chair or lift a light weight in a home enviroment. However in a work enviroment you could be on your feet for eight hours per day with no sufficient opportunity to rest if need be.

Check out some old DLA CDsfrom 1995-97 which clearly state ME/CFS & fibromyalgia are organic/physical in origin sorry can't recall Ref. but I thiuoght this old chestnut had died a death years ago. You may won't to complain to Tas over the panels lack of awareness of this issue.

It's not only a lack of awareness, but there still appears to be a reluctance to accept that the condition exists, particularly within the medical fraternity.

To many an able bodied person, whether they be a DM or Tribunal member, the concept of a medical condition that leaves you exhausted after five or ten minutes activity is one that they just don't seem to even begin to comprehend.....

The other difficulty we have encountered is persuading appeal panels to consider the mental health descriptors as well as the physical ones- often, some of the mental health descriptors cover the effects of ME better than the physical ones- but can ME be defined as a mental health issue as well as a physical issue? (clients with the condition are often understandably uncomfortable with this).However, have had several clients who have won appeals based on the mental health descriptors rather than the physical ones.

I seem to remember there being guidance to DMs along the lines of - as depression is a common asociated symptom the mental health descriptors should always be considered in such cases. Don't have it to hand but the extract below supports that the condition may affect both physical and psychological functioning.

The incapacity benefit handbook for approved doctors (p129)contains the following:
4.3 Chronic Fatigue Syndrome There is a spectrum of conditions where the prominent symptoms are fatigue, both physical and psychological, which may affect both physical and psychological functioning. At one end are people whose condition is indistinguishable from that of a depressive illness. At the other are people with fatigue in the apparent absence of any readily identifiable psychiatric disorder. A number of names, including post-viral fatigue syndrome and myalgic encephalomyelitis (ME), have been used to describe one of these conditions. More recently the term Chronic Fatigue Syndrome (CFS) has been universally adopted. There is a range of medical opinion over the causes of CFS. This is particularly the case when considering whether CFS has a physical basis, a psychological basis or is due to a combination of factors.