MEDICAL SERVICES
PROVIDED ON BEHALF OF THE DEPARTMENT FOR WORK AND PENSIONS
Training & Development
ESA Filework Guidelines
(For Health Care Professionals)
MED-ESAFWG~001
Version: 7 Final
1 June 2012
Medical Services
Foreword
This document has been produced as part of a training programme for Health
Care Professionals approved by the Department for Work and Pensions Chief
Medical Adviser to carry out benefit assessment work.
All Health Care Professionals undertaking medical assessments must be
registered medical or nursing practitioners, or physiotherapists who in addition,
have undergone training in disability assessment medicine and specific training in
the relevant benefit areas. The training includes theory training in a classroom
setting, supervised practical training, and a demonstration of understanding as
assessed by quality audit.
This document must be read with the understanding that, as experienced
practitioners and disability analysts, the Health Care Professionals will have
detailed knowledge of the principles and practice of relevant diagnostic
techniques and therefore such information is not contained in this training
module.
In addition, the document is not a stand-alone document, and forms only a part of
the training and written documentation that a Health Care Professional receives.
As disability assessment is a practical occupation, much of the guidance also
involves verbal information and coaching.
Thus, although the document may be of interest to non-medical readers, it must
be remembered that some of the information may not be readily understood
without background medical knowledge and an awareness of the other training
given to Health Care Professionals.
Office of the Chief Medical Adviser
June 2012
ESA Filework Guidelines
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Document control
Superseded documents
Version history
Version Date
Comments
7 Final
1 June2012
Signed off by CMMS
7c draft
28th March 2012
External QA comments HWD & further internal
comments incorporated and updates to
standards
7b draft
25th January 2012
Internal QA comments Medical Training &
Development incorporated
7a draft
05 January 2012
Schedule 28 Review Medical Training &
Development
6 Final
16th December 2010
Signed off by CMMS
Changes since last version
Key Additions & Clarification
Addition of new appendices and change in order:
Appendix A: Revised WCA 2011 Support Groups
Appendix B: Revised WCA 2011 LCW Descriptors
Appendix C: ESA 2008 Support Groups
Appendix D: ESA 2008 LCW Descriptors
Appendix E: IB \ PCA Descriptors & Exemption Categories
Appendix F: Prognosis Matrix
Appendix G (Previously appendix A): Glossary of Terms.
Section 2.3.1 FRR4 details and PV status to list of available MSRS information
/evidence.
Section 2.3.2 after first set of bullet points - reason for recording key clerical points of
evidence on MSRS.
New Sub section 2.4.1 added – information previously in 6.2.4 Medical Knowledge of
Condition.
2.5.2 Under Potential Review Criteria – emphasis on recording FRR4 electronically
except in sensitive cases.
Section 3 Text box added to reflect Update to Standards 13/2012 and the process for
IBR TI cases
Section 5 subdivided into 2 sections;
5.1 General LCWRA only Referrals & 5.2 Income Related ESA LCWRA Only
Referrals (to reflect UTS 38/2011).
In new Section 5.1 – updated how to handle situation where
new evidence conflicts
with DM decision to treat as LCW.
In new Section 5.1 - added reference to special support groups.
Section 6.1 ESA Re-referral Scrutiny- added clarification that full reports may not
always be visible.
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Section 6.1 ESA Re-referral Scrutiny – added clarification of need to satisfy self that
LCW threshold was likely to have been met and is still appropriate when ESA 85 not
available at re-referral. Added a summary box of key points in re –referral advice.
Section 6.2.1 MSRS Information – added comment about evidence available from
reconsiderations. (UTS14/2001)
Section 6.2.3 MSRS/ESA 55 information – deleting reference to section 3.3 and
adding correct section reference (2.4 Analysis of the Evidence & 2.5 Deferring for
FME in ESA Filework).
Section 6.2.3 Case scenarios updated to make more applicable to 2011 regulations.
New Section 8.3 The Work Programme added.
New Section 10.5 Miscellaneous ESA Filework. (Covering aspects of CZ and CN
advice referrals).
The following is a list of key deletions made to these guidelines:
Removal of references to 2008 regulations
Section 1.1 paragraph1; Section 2.1.1 throughout; Section 4.1 paragraph 10; Section
5 throughout.
Removal of references to the IB Handbook (obsolete)
Section 1.1 last paragraph; Section 7.3.3
Removal of reference to the ESA Handbook
1.1 final paragraph; 2.1.1 throughout; Section 3; Section 5 throughout.
Section 11.3 Doctor Approval removed. Users can now refer to
Removed - Appendix B:Users can refer to the full standalone document on LiveLink
(MED-NEURODA~001 Neurological Condition List by Practitioner Type)
Outstanding issues and omissions
Updates to Standards incorporated
Update to Standard 09/2012, 12/2012 &13/2012, incorporated
Issue control
Author:
Medical Training and Development Team
Owner and approver:
The National Clinical Manager (Performance)
Signature: Date:
Distribution:
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Medical Services
Contents
1.
Introduction
6
2.
General Principles of ESA File
work
9
3.
The Speci
21
al Rules Check (TI check)
4.
24
The Pre-Board Check
5.
LCWRA Only Referr
26
als
6.
ESA Re-referral File
29
work
7.
IB Re-assessment Scrutin 36
y
8.
Prognosis 41
9.
47
Justification
10.
Miscellaneous 49
11.
57
Medical Quality
Appendix A - Revised WCA 2011 Support Group Functional
Categories
58
Appendix B - Revised WCA 2011 LC
61
W Descriptors
Appendix C -
67
ESA 2008 Functional Support Group Categories
Appendix D -
71
ESA 2008 LCW Descriptors
Appendix E - IB \ PCA Descriptors & Exemption Catego
82
ries
Appendix F -
87
Prognosis Matrix
Appendix G - Glossary
88
of Terms
Observation form 91
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1. Introduction
1.1 Introduction
The Employment and Support Allowance was introduced in 2008. A process of
review of the ESA 2008 regulations was carried out and revised regulations
implemented in March 2011. From that period, most claims were assessed under
the new regulations. The new assessment is referred to as the Revised Work
Capability Assessment (WCA).There was a period of transition lasting 6 months
where some claimants will continue to be assessed under the 2008 regulations until
these were phased out in September 2011. All referrals are now considered under
the 2011 Regulations.
This guideline will refer to filework under the 2011 Regulations. Only where relevant
will reference be made to other regulations. (For reference the 2008 regulations
functional support group criteria are listed in Appendix C. The 2008 LCW descriptors
are listed in Appendices D. Similarly, IB descriptors and exemption categories are
listed in Appendix E.)
The purpose of the Employment and Support Allowance (ESA) filework process is to
identify those individuals for whom advice on limited capability for work / work
related activity can be provided without the need for a face to face examination.
There are 4 such categories where the available evidence suggests that the
claimant:
1. has severe functional restriction fulfilling criteria for inclusion in the Support
Group.
2. meets the criteria for inclusion in the Support Group on other grounds that don’t
directly measure function (such as terminal illness).
3. fulfils criteria for being treated as having limited capability for work (LCW) where
adequate evidence is also available to advise on limited capability for work
related activity (LCWRA).
4. continues to meet the threshold of LCW in cases where they have previously
been identified as having LCW at a medical examination or those who have
previously been accepted to be unfit for work under the PCA regulations where
the evidence suggests they are likely to reach the threshold of LCW\LCWRA
under the 2011 regulations.
These areas are covered in more detail in the next section (2.1.1)
These Filework Guidelines have been written to support existing and New Entrant
Health Care Professionals (HCPs) in their training and in carrying out Filework
related to Employment and Support Allowance (ESA). Before HCPs can provide
filework advice to Decision Makers, they must be fully approved in ESA
examinations, and they must have completed an appropriate approved filework
training course and demonstrated competency during this course.
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This document provides guidance for HCPs undertaking all ESA filework activities.
It is not intended to provide HCPs with a comprehensive overview of ESA.
HCPs undertaking filework will be expected to be familiar with the content of the
Revised WCA Handbook to understand the ethos, structure and fundamental
principles of Employment and Support Allowance. Therefore throughout this
document, references will be made to guidance in the Revised WCA Handbook.
This document will also make reference to Atos Healthcare “Livelink” for accessing
the most up to date copies of various forms that may be referred to in this guidance.
HCPs are also expected to be familiar with the EBM protocols and should provide
advice in keeping with these guidelines. It is expected that all HCPs providing ESA
Filework advice will have access to the Revised WCA Handbook, Technical guides,
EBM protocols and the LiMA Repository to refer to as required. A Glossary is
provided at Appendix G listing some abbreviations used throughout this document.
1.2 Categories of ESA Filework
This document will provide guidance on the various categories of filework. These
are:
The Terminal Illness (TI
) check (or Special Rules (SR) check).
You will hear the process referred to by both names. For the remainder of this
document this process will be referred to as the TI check to avoid confusion.
This process requires urgent attention and rapid progression of the claim as
the main purpose of this stage of filework is to identify those with a
terminal illness. Further details of this process can be found in the TI check
section of this document.
The Pre-Board Check
This process
aims to identify those with the most serious problems who
satisfy criteria for entry into the Support Group. Some other outcomes are
possible at this stage and will be considered in the Pre-board Check section of
this document.
LCWRA only advice referrals
This process relates to circumstances where
the DM has already accepted
that the client can be treated as having limited capability for work due to
specific circumstances such as pregnancy around date of confinement,
Public Health Order, regular treatment, hospital inpatient treatment or special
income related circumstances.
The DM will require advice at this stage
about whether or not the claimant meets criteria for Support Group
inclusion. Further detail of this process can be found in the section “LCWRA
Only Referrals”.
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Re-referral scrutiny
This process relates to claimants who have previously had a face to face
examination for ESA. There are a number of different outcomes possible at
re-referral scrutiny and these will be considered in the re-referral scrutiny
section of this document.
IB Re-assessment scrutiny
This process relates to claimants who have previously been assessed
under the Incapacity Benefit Regulations. From March 2011 assessment
under the Revised WCA regulations commenced for claimants on Incapacity
Benefit. Further detail of this process can be found in the section “IB
Reassessment Scrutiny”.
1.3 Objectives
The specific objective for the ESA Filework Guidelines is:
To ensure that HCPs adopt a nationally agreed framework for providing the
ESA filework service, which is common to all business units.
Adherence to the ESA Filework Guidelines will ensure that medical advice is:
Consistent
Auditable
In keeping with the policy requirement.
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2. General Principles of ESA Filework
2.1 Purpose of ESA Filework
2.1.1
General Considerations
As part of the Welfare Reform Act 2007, the Department for Work and Pensions
introduced Employment and Support Allowance (ESA).
The intention of Employment and Support Allowance is to identify individuals who
have:
1. Limited Capability for Work (LCW)
Individuals with
limited capability for work have a level of disability, defined in
the legislation, at which it is unreasonable to require them to work. This may be
due to functional restriction or by meeting certain specific criteria, for example
undergoing radiotherapy.
Further guidance on criteria for “treat as LCW” and the functional criteria for LCW
(2011 Regulations) can be found in the Revised WCA Handbook.
2. Limited Capability for Work Related Activity (LCWRA)
Individuals with Limited Capability for Work Related Activity have a severe level
of disability such that it would be unreasonable to require them to work or
participate in activities such as training or rehabilitation to help them return to the
workplace. Those individuals who have LCWRA are considered to be in the
“Support Group”. This may be due to severe functional restriction or by meeting
certain specific criteria such as undergoing certain types of chemotherapy or
being diagnosed with a terminal illness.
Further guidance on criteria for the Support Group (2011 Regulations) can be
found in the Revised WCA Handbook.
The assessment of capability for work and ability to undertake work related
activity (LCW/LCWRA status) will be determined by the JobCentre Plus (JCP)
Decision Maker (DM). The DM will consider all the available evidence. In some
circumstances, the Decision Maker may be able to determine that the claimant
can be “treated as having LCW” where specific criteria apply, however in most
cases, the DM will refer the case to Atos Healthcare for advice on whether the
claimant fulfils criteria to be considered as having Limited Capability for Work and
whether they have Limited Capability for Work Related Activity.
LCW and LCWRA status may be established through advice given at the initial
filework stage without the need for a face to face medical examination, however
in the majority of cases, a face to face examination (LCW/LCWRA medical
examination) will be required to assess functional abilities and limitations in areas
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of physical, mental, cognitive and intellectual function. The DM will review advice
provided by Atos Healthcare before determining benefit entitlement.
Although most claimants will be seen for an initial referral, there are some whose
level of disability is such that it would not be appropriate to require them to attend
for an examination. This is usually due to them having very severe illness or
disability resulting in inclusion in the Support Group.
In re-referral cases (ESA or IB re-assessment), not all claimants will need a
further exam. If there is evidence that the claimant would meet criteria to be
considered as having LCW or LCWRA, it may be possible to advise, without the
need for a face to face examination, that it is likely that the claimant has LCW or
indeed LCWRA.
The initial assessment process is intended to be carried out between weeks 8
and 12 after the first date of claim.
In each type of filework, there are different possible outcomes. Each “type” of
filework and the advice that can be given will be considered in greater detail in
appropriate sections of this document.
2.2 Overview
The majority of ESA filework is accessed, completed and advice submitted to the
Decision Maker electronically via MSRS (Medical Services Referral System) an
automated case management and workflow system. The advice is completed on the
form ESA85A through the LiMA application and submitted electronically to the
Decision Maker. The only exception to this is certain highly sensitive cases, for
example, MPs, gender reassignment, VIPs, members of the Royal household or
people in witness protection.
In each type of filework advice, the HCP will have to consider the information and
evidence available to them, determine whether further evidence is required and then
provide and justify their advice to the Decision Maker.
In each case, the advice provided must be objective and impartial, in keeping with
the consensus of medical opinion and on the balance of probability.
2.3 Sources of Evidence/ Information
The HCP, when providing advice, must consider all the evidence available.
This may be found in:
1. The MSRS application
2. The ESA 55 jacket
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2.3.1 MSRS Information
Within the MSRS application, all the evidence must be considered in order to
provide an opinion. Some examples of evidence that may be available include:
The claimant’s age
Appointee
status
Certified cause of incapacity
Previous filework advice outputs (ESA 85As & IB85As)
Previous LCW/LCWRA examination reports (ESA 85s)
Previous Personal Capability Assessment reports (IB85s)
FRR4
details
UCB
status
Claimant Age
The claimant’s age must be considered as this may impact upon the likely level of
disability caused by their medical problem.
Appointee Status
It is important to check whether or not the claimant has an appointee as this may
impact on the requirement to obtain further medical evidence. This may be
extremely important in Mental Function problems suggesting that the claimant has a
significant level of impairment.
Cause of Incapacity
The cause of incapacity noted on MSRS must be considered. This may be listed as
“MED3” or “FRR4”. Information noted on MSRS as MED 3 implies that this is
information provided by a Healthcare Provider. Information provided as FRR4
details is information that has been provided by the claimant. Further detail may be
obtained by referring to the technical guide available on LiveLink
Previous ESA 85As/Previous IB85As
Previous ESA 85As should be considered in every case where they are available as
they may provide useful information from previous referrals. IB85As may provide
information of relevance when considering whether the person may meet the
LCW/LCWRA threshold of the Revised WCA.
Previous ESA 85s
If the case has been referred for re-referral scrutiny, previous ESA 85 reports should
be available for review. A well completed, and well justified ESA 85 report will often
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provide the best source of evidence for the scrutinising HCP but care must be taken
to review the report with care checking for listed conditions and consistency within
the report. More detail will be provided on evaluating the ESA 85 in the section of
this handbook looking at “Re-referral Scrutiny”.
The ESA 85 may have been
completed under the 2008 Regulations and care must be taken to consider the
application of this report in the context of the 2011 Regulations.
An ESA 85 may also be available where the claimant has been examined and found
to be in the Support Group. These cases will be referred back to Atos Healthcare for
a Pre-board check. Although the ESA 85 may not be fully completed, there may still
be valuable information in the report.
Previous IB 85s
A person may previously have been assessed under the Incapacity Benefit
regulations and then referred under the WCA regulations. Although the descriptors
are very different in IB, the report may still contain evidence that suggests they may
meet criteria to be considered as LCW/LCWRA in the context of the Revised WCA.
(See Appendix E for IB\PCA descriptors.)
FRR4 details
MSRS allows the HCP to record any telephone contact with the GP/ Consultant etc
electronically. This information may be of use in many types of Filework and must be
carefully considered.
UCB Status
Careful consideration should be given to the reason for UCB status. If this is likely
due to the medical condition, this should be taken into consideration in evaluating
the evidence and giving advice. The safety of colleagues also needs to be
considered. All the UCB documentation must be viewed before calling for exam
(MEC or DV). If the UCB documentation is not available on MSRS, the file must be
returned to the Administration Section to obtain a full account of the reasons for the
UCB status. (Refer to the latest update to standards Issue 12/2012 available on
LiveLink. The former PV procedures have are under review and as 19/03/2012 the
DWP no longer refer to PV procedures.)
2.3.2 Evidence/Information contained in the ESA 55 Jacket
The amount of information in the ESA 55 will vary in each case. If a case has been
referred clerically – for example a sensitive case – there will be no MSRS record
and all documents will be held clerically in the ESA55. All information must be
considered and evaluated. The information could include:
Information provided by the claimant on form ESA 50 or ESA 50A
Further Medical Evidence (FME) on form 113, FRR2, FRR3, or letters from
health care professionals involved in the claimant’s treatment
Notes of telephone contacts from a Healthcare Provider or the claimant on
form FRR4
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Documentation from JCP
Remember that in
non-sensitive cases, where clerical information is present and
used in giving advice, it is very important to record the key points of this evidence \
information in any electronic justification. This allows makes the key features
available for future reference. For example, key features such as type of treatment
and length of any planned therapy, prominent clinical signs that may be recorded in
the 113.
ESA50 /ESA50A Information
The ESA 50 or ESA 50A (where the referral is LCWRA only) is the claimant’s form,
and provides them with the opportunity to provide details about their medical
conditions, functional problems and abilities. An ESA 50 or ESA 50A may not
always be present since claimants with Mental Function problems cannot be
compelled to complete either form. Where completed, the information must be
carefully considered. Within the ESA 50/50A you may find copies of hospital letters,
repeat prescription sheets, details of whether or not they are in receipt of DLA etc.
All this information must be considered.
Further Medical Evidence (FME)
FME may be present in the file. This may have been requested during the current
referral when another HCP felt FME was essential in order to provide advice on the
case. In most cases, this will be form 113 sent to the GP or form FRR3 sent to
another Health Care Professional. In some cases, where specific information is
being sought, form FRR2 may have been sent out to a Healthcare Provider involved
in the patient’s care. (Copies of forms 113, FRR3 and FRR2 can be found on
Livelink). From time to time health care professionals involved in the claimant’s care
may submit letters containing information about the claimant.
FRR4 – Telephone advice minute
Form FRR4 is a telephone advice minute. Details of conversations must be
recorded on this form. This is used to document any communication with the
claimant, GP or any Healthcare Provider involved in the claimant’s care. In most
cases, the electronic version of this form will be used, but clerical forms may be
available in sensitive cases or on occasion from a previous referral.
Documentation from JCP
Sometimes, JCP attaches information relevant to a case. This could be where a
claimant has failed to attend an allocated appointment. Often this will be due to
administrative issues such as the appointment letter arriving late or the claimant
having problems with mail delivery, however, at times the claimant will have
provided detail that they were unwell or admitted to hospital at the time of the
appointment. You should consider whether it may indicate a serious problem or
deterioration in their condition, where FME may be appropriate.
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2.4 Analysis of the Evidence
When undertaking filework, you must be able to evaluate evidence and weigh up the
different types of evidence available to you. There may well be conflicting pieces of
evidence on file and your role, as the scrutinising HCP, is to consider each piece of
evidence carefully and advise based on the strongest evidence.
When scrutinising filework cases there are 5 fundamental areas of documentary
evidence where the HCP has to apply evaluation skills. These are:
1. Medical Knowledge
This is what is learnt through training and experience (the consensus of medical
opinion). It is important to recognise that there are limitations to the extent of the
usefulness of this element in the evaluation process. It provides a reliable indicator to
the HCP about the level of disability that might reasonably be expected but its
usefulness may be limited by providing generalised “broad brush” advice which is not
directly relevant to an individual.
2. Independent Medical Evidence (IME)
This is information which has been provided by a Healthcare Provider such as the
claimant’s GP or a member of the Community Mental Health Team. They can be
seen to be independent because they are not representing only the customer's
perspective. Primarily the information will be factual; it may be derived from the Med
3, 113 or even the ESA50 / 50A.
IME may also be taken from a previous, well completed and justified ESA85.
3. Independent Medical Opinion (IMO)
Within IME on occasions an opinion may be offered (e.g. "unable to work"); the value
of such opinions need to considered in the context in which they are given and may
on occasion be overridden by the Disability Analyst HCP. However, it may include
useful information about function. It is obtained from a variety of sources, usually a
Healthcare Provider who is involved in the management of the claimant’s medical
condition(s). It can assist the HCP in formulating a more holistic view about the
claimant’s medical conditions, their interaction, how they respond to treatment and
their effect on the individual’s function; not only from a medical model, but also from a
psychosocial aspect.
4. Medical Information (MI)
This comes from a non-medical source, e.g. the claimant or their representative. It
includes details of symptoms, medication, hospital attendance, etc. For example,
they may indicate a BMI of 36 or may list their daily peak flows. Normally the
information provided does not directly describe functional loss, although on
occasions it may do. For example, a claimant may indicate “I had a treadmill test for
angina and only managed on the machine for 6 minutes”.
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It may not and does not have to be verified but could be verifiable if we chose to
ask for IME. For it to be used effectively it has to be both internally consistent with
itself and with the IME and IMO on file. It is important to note that “consistent with”
does not mean “supported by”. If the information is consistent, there is no need to
doubt or exclude it. In terms of IME, in many cases you will have the Med 3
diagnosis, on MSRS. In most circumstances the evidence will not be strong enough
to stand alone. However, in many instances it will indicate the presence of a
condition in which there is a possible wide range of disability, from mild to severe.
Where the other aspects of the evidence – both the CPO and MI – support severe
restriction, it may well be possible to accept physical incapacity leading to Support
Group inclusion without further evidence, even in a first referral. Further medical
evidence – such as a 113 – is then not essential. Medical Information and claimant
provided opinion will often be present in an ESA 50 and both types of evidence
should be considered when forming an opinion on likely level of function.
5. Claimant Provided Opinion (CPO)
This refers to reported symptoms and functional loss and is usually derived from
documentation provided by the claimant. It may include opinion from a relative or
carer who is representing the claimant. This evidence is therefore not independent.
Remember that the claimant may have understated or overstated their problems.
However, this evidence still forms an important part of the overall evidence that
requires evaluation in the Disability Analysis process.
With CPO, additional MI may be provided. For example, a claimant may have
detailed in the ESA 50 that they cannot walk more than about 5 metres without
getting breathless. They are breathless even on washing and dressing. This would
be CPO.
The claimant may indicate they are on home nebulisers 4 times daily for COPD and
require home oxygen. They indicate they have been provided with a wheelchair by
their Respiratory Consultant for their daughter to push them in outdoors. They have
had an Occupational Therapy review and hoists and bathing aids have been
installed in the home. They have been provided with a carer by social services to
help with bathing as they are too breathless to mange this alone. This would be
Medical Fact that would be potentially consistent with the CPO.
The Med 3 information may indicate “severe COPD – oxygen dependent”. This
Independent medical evidence would be reasonably consistent with the MF and
CPO and a high level of disability could be accepted.
Even in cases where the Med 3 diagnosis suggests Severe Mental Illness or Severe
Learning Disability, where the ESA50 indicates a high level of symptoms, treatment
and community or hospital support, and this is supported by Medical Fact, you still
need consider whether there is sufficient information about function for you to advise
Support Group inclusion or acceptance at re-referral scrutiny.
In those instances where the situation is unclear, in order to give robust advice from
a position of strength, you may need to consider obtaining further Medical Evidence.
Medical evidence including that from the claimant's own GP or other Doctor(s) can
be very useful in forming a decision not to call the claimant for examination. The
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best medical evidence in a re-referral case will normally be a good ESA85 report
completed at a previous referral during that spell of incapacity for work. Where there
is a previous LiMA report you can access this through MSRS.
Sometimes the ESA50 will indicate that DLA is in payment. This information should
not be considered to be sufficient to allow you to accept incapacity. You have not
had the opportunity to evaluate the evidence used to make the decision. You should
use it rather as an indicator of possible severity; it may prompt you to go for further
evidence in a case where you would otherwise call for examination.
Rarely the ESA50 may contain information that has not been revealed to, or
reported by, the GP. You will have to decide how much weight to place on each item
of evidence, given the circumstances of the case under consideration, in order to
provide advice in accordance with the guidelines.
2.4.1 Using Medical Knowledge of Condition
In all types of filework, the decision to “call”,” accept” or “request FME” must be
based on the evidence available and with a background of knowledge of the medical
conditions claimed. All HCPs must provide advice which is evidence based and in
keeping with the consensus of medical opinion.
HCPs are referred to the EBM protocols and the LiMA Repository for further
guidance.
2.5 Deferring for FME in ESA Filework
Atos Healthcare HCPs are best placed to determine when it is appropriate to
request fresh medical evidence from the claimant’s GP or other Healthcare Provider.
HCPs must be aware of the issue of consent when requesting FME.
2.5.1 Consent for Further Medical Evidence in ESA
Claims for Employment and Support Allowance (ESA) are made over the telephone.
As part of the claims process, a declaration is read to the claimant. They must agree
this declaration before the claim is accepted. An audio recording is made of this
verbal consent. This will be retained by the Department for Work and Pensions
(DWP) as a documentary record of consent for the life of the claim.
As consent will be held in every case, FME can be requested whether or not an ESA
declaration has been signed.
FME gathered by telephone
In urgent cases, for example terminally ill (TI) cases, the Health Care Professional
may well need to phone the GP or other Healthcare Provider to obtain evidence.
From time to time you will be asked to provide evidence that consent is held.
If such a request is made, the HCP should undertake to fax this evidence of consent.
Request details of a fax number and then complete form ESAC
* and fax this with a
cover sheet.
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Once this has been faxed, the HCP should call the Healthcare Provider again. If the
Healthcare Provider remains unwilling to divulge clinical details then an ESA 113
should be despatched via MSRS. The HCP should ensure that any fax sent with
claimant details is in accordance with the
current Atos Healthcare security policies.
*Note: The ESAC is available on, and should be accessed from, LiveLink.
You should use this same process where an ESA113 has been issued but the
Healthcare Provider calls you to request evidence of consent.
Consent requested by written correspondence
When a request for consent is received by post, the administrator or HCP should
access MSRS to establish the current status of the referral.
If the referral has progressed to ‘workstack’ or beyond, then the request should be
disposed of in confidential waste and no further action taken.
If the referral is awaiting the return of the ESA 113, at Pre-board Check, then the
request should be passed to a Team Leader. The Team Leader should contact the
healthcare provider’s location and explain that they have received the request and
that they will fax the above consent letter along with a further manual ESA 113. The
Team Leader will request that, since significant time has already passed, the
completed ESA113 is faxed back as soon as possible.
Once the return fax is received, the process continues as normal for receipt of an
ESA 113.
If a return fax is not received or is not completed, the process continues as normal for
a non-return of an ESA 113.
2.5.2 Requests for FME
FME should be obtained in those cases where there is a strong probability that such
evidence will confirm a level of claimed disability where Support Group criteria may
be established or “treat as LCW” may be confirmed. In re-referral cases, FME may
confirm that there has been no improvement in the condition resulting in ongoing
functional restriction or may even confirm further deterioration such that Support
Group advice may be applicable. Where, in the scrutinising practitioner’s judgement,
there is a clear possibility that an examination may be avoided they should make
reasonable attempts to seek further evidence. FME should not be requested simply
to confirm that an examination is required or to obtain further information to assist
the examining HCP. In all cases, the reason for adjourning for FME must to be
clearly documented.
In certain cases, where evidence in addition to the certified diagnosis is not
available, it may be appropriate to try to obtain it, for example, by:
Making a further attempt to obtain evidence from the GP by phone.
Requesting the completion of an ESA 113 report.
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Requesting a factual report from the GP, specialist or other Healthcare Provider.
Contacting the claimant by telephone for further information.
If information from the GP is needed, usually an ESA 113 will be sent. However,
there may be occasions when a specific issue needs to be addressed and form
FRR2 is more appropriate (e.g. when information about the frequency of epileptic
fits is required).
FME should always be requested before calling for examination a claimant who is
noted to have an appointee.
Where there is evidence of a previous suicide attempt, suicidal ideation or self harm
expressed in the ESA 50/50A, the HCP must request FME.
When you request FME, at the time of initiating the FME request you need to
determine whether:
The case requires further review if FME is not returned
The case requires examination if FME is not returned
Therefore where FME is not returned only those cases where review is indicated will
be submitted for further review. The remaining cases will automatically be submitted
for examination.
At the time of calling for FME, if examination on non-return is selected, you must
also indicate whether the case is “Dr only” and whether a DV is required. (See
Section 10.3 for information on DVs and Appendix G for a list of Dr only conditions).
If and when FME is returned, the case will always be reviewed with this further
information.
Potential Review Criteria
Each case must be considered on its individual merits. However, in deciding the
appropriate course of action, you may wish to consider the following points:
Where a claimant is likely to have a terminal illness, a phone call to the GP will
almost always be the most appropriate method of obtaining further evidence in
the first instance, however, if an ESA 113 is sent and not returned, the case
should be reviewed further.
Where a claimant reports that they are undergoing chemotherapy then the case
will benefit from further review.
Where a claimant is likely to be so distressed by being called for an examination
or have such a high level of disability that an examination will only be considered
when all evidence gathering has failed, the case should be reviewed further.
In particular consider those claimants with major mental health conditions such as
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psychotic illnesses and claimants who, for example, are oxygen dependant, or
quadriplegic etc.
This list is not intended to be exhaustive and, as indicated above, you should
consider each case on its own individual merits.
If there was no response, or an inadequate response, to an ESA 113 request
despatched previously, a second written request from the scrutiny desk is unlikely to
meet with success and should not be made. If FME from the GP is considered
essential in a case of this type, you should make a telephone call to the GP,
although in practice this situation should arise infrequently. Any record of a
telephone conversation with the GP or any other Healthcare Provider involved in the
claimant’s care should be made on form FRR4 (This is usually recorded
electronically on MSRS except in sensitive cases where recording is done on the
clerical form.).
Examples of cases where it might be appropriate to seek further evidence (when
there is insufficient evidence on file) as an alternative to calling the claimant for an
examination:
A first referral where, in the scrutinising practitioner’s clinical judgement, there
may be a severe medical condition or disability present suggesting inclusion in
the Support Group
Where in a re-referral or IB re-assessment case there appears to be a level of
functional disability that would meet the LCW criteria.
Scrutinising practitioners may use their professional judgement to decide when to
contact the claimant by telephone for further information, but the following examples
may be helpful:
The claimant appears to be undergoing regular treatment but details and current
status are not given.
The claimant has fits but details of frequency and nature are not given (in re-
referral/IB re-assessment cases).
Contact details of a Healthcare Provider who may be able to supply a report, are
not given on the ESA50.
Evidence may be obtained from a Healthcare Provider by using form FRR3 or by a
telephone call to the claimant using form FRR4. For example, where there is
evidence of a significant and enduring mental health condition, and the claimant
reports frequent contact with the Community Mental Health team, the CPN may well
be the person best placed to provide information about the claimant’s current
condition.
If you decide that that an approach to a Healthcare Provider is the appropriate
course of action, you should request that form FRR3 is dispatched. You must
complete the details of the claimant and the Healthcare Provider, and include all of
the relevant questions.
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If you decide that an approach to the claimant is the appropriate course of action,
you may telephone the claimant or ask an administrative colleague to make the call.
In either event, form FRR4 must be completed to provide the claimant’s details and
the nature of the information required from the claimant. When making the
telephone call it is essential that you or your administrative colleag```ue establishes
the identity of the person to whom they are talking at the outset.
The following script or something very similar must be used:
“I’m Dr/HCP (name)/ (practitioner’s name) Medical Services and I would like to
speak to Mr Y”. No further details should be given until the claimant has been
positively identified.
Further evidence of identity should be sought (e.g. date of birth or NINO) to make a
positive identification. If you are uncertain that the person speaking is the claimant,
you should terminate the call and note this on the form. If the claimant is
unavailable, arrangements should be made to call back.
If that is not possible, note this on the form. You will then have to reconsider the file
to decide on an appropriate alternative course of action.
Having established the identity of the claimant, you need to explain why the
telephone call is being made. The following form of words should be used,
dependent upon whether it is the scrutinising practitioner or administrative staff
making the call:
“I am one of the doctors/ practitioners providing medical advice to the Department
for Work and Pensions” or “I have been asked by one of the doctors/ practitioners
who advises the Department for Work and Pensions to obtain further information”
The following form of words is then used: “You have recently completed an ESA50
questionnaire for the Department for Work and Pensions Decision Maker. I wonder if
I could ask you some additional questions about your health problems, so that we
can decide whether it is necessary to examine you?”
If the claimant agrees, the questions identified by the scrutinising practitioner in the
form are asked and the answers are recorded, using the claimant’s own words as
precisely as possible. The person phoning should always ask if there is anything
else that the claimant wishes to say before concluding the call. The person making
the call should conclude by reading back what has been documented. The
scrutinising practitioner /administrative colleague should advise the claimant that this
information will be added as evidence to the file.
If the claimant does not agree to talk on the telephone, the call is terminated and the
form completed. If a member of the administrative staff has made the call, the form
should be returned to the scrutinising practitioner forthwith.
Under no circumstances should any likely outcome of the claim be indicated.
Similarly, no indication should be given as to whether the claimant will or will not be
asked to attend for examination.
In all cases, the form must be signed and dated by the person who made the call.
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3. The Special Rules Check (TI check)
When a claimant applies for ESA they may state that they are terminally ill. The
definition of terminal illness in legislation is:
“That he is suffering from a progressive disease and his death in
consequence of that disease can reasonably be expected within 6 months.”
When a claimant is considered to be potentially terminally ill, a referral will be
sent to Atos Healthcare for advice.
These referrals must be treated with great urgency.
This referral will be accessed using MSRS. The HCP will access the case and
follow a process which has been agreed by the customer. The advice provided to
the Decision Maker will be generated using the LiMA application.
The advice given must be current and in keeping with the balance of medical
probability with regard to prognosis in the diagnosed condition.
Some TI checks will be submitted with a faxed DS1500, which will be passed to
the CSD HCP within an ESA55. In that circumstance, the HCP should consider
the TI question based on that evidence. The DS1500 form is used in Disability
Living Allowance and Attendance Allowance (See Glossary) to consider
applicants for DLA/AA under the Special Rules for the terminally ill. As in ESA,
the definition of terminal illness is that life expectancy is likely to be less than 6
months. The DS1500 is completed by a Healthcare Provider involved in the
claimant’s care. The DS1500 allows the HCP to record medical details of the
diagnosis, date of diagnosis, treatment and general condition of the patient.
At times the detail in the DS1500 may not be adequate to confirm TI and a phone
call should then be made to the author of the DS1500 for further clarification. The
record of the telephone conversation should be recorded on form FRR4.
If no DS1500 is submitted with the claim, the HCP should check whether the
claimant has been accepted under the Special Rules provisions for Disability
Living Allowance/Attendance Allowance. This information can be accessed by
administration colleagues through the “SMART” application. SMART is an IT
system used by administration staff. It has a variety of functions including
recording data relating to Disability Living Allowance and Attendance Allowance
claims. The HCP will complete section A of the SMART TI check pro-forma and
pass it to an administration colleague, who will check to determine whether a
DLA SR referral has previously been documented on SMART. If the claim has
been accepted under DLA SR within the last 6 months, the HCP can consider the
claimant as TI for the purposes of ESA. This outcome should be documented on
the ESA 85A electronically and sent to the Decision Maker.
If neither of the above applies, the HCP will seek further medical evidence from a
Healthcare Provider involved in the medical care of the claimant.
The medical evidence will usually be obtained by telephone contact to the
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claimant’s GP, consultant, or other Healthcare Provider involved in the claimant’s
medical care. Exceptionally, this information will be obtained by a written request
for Further Medical Evidence (FME). It should be noted that a claimant who is
terminally ill (as defined) will be entitled to the higher rate of benefit while still in
the 13 week assessment phase.
Therefore a phone call should be the
preferred option to enable prompt establishment of information regarding
their medical condition.
The HCP will review the evidence obtained and provide advice on the body of
evidence, indicating whether or not it is likely that the claimant is suffering a
terminal illness as defined in the legislation.
If the claimant is considered to be terminally ill (as defined), the HCP will submit
that advice to the Decision Maker electronically on form ESA 85A. If the advice is
accepted, the claimant will be placed in the Support Group and there will be no
requirement for the claimant to complete form ESA 50, to be examined or
participate in work related activity.
If the claimant is not considered to be suffering from a terminal illness, the HCP
must consider whether or not there is evidence at this stage that they satisfy one
of the other Support Group criteria. For example, the GP may confirm that the
claimant has breast cancer, with no evidence of metastatic disease, has had
surgery and has now commenced IV chemotherapy. In this case Terminal Illness
could not be advised; however the claimant fulfils the criteria for inclusion in the
Support Group on grounds of receiving chemotherapy. For the special
circumstances categories of Support Group inclusion i.e. (“TI,”, “pregnancy risk”,
“chemotherapy” and “specific risk”), it is accepted that LCW will also be satisfied.
However for those in the severe functional Support Group categories, you must
also justify why they meet criteria for LCW.
HCPs should refer to the Revised WCA Handbook for guidance on the Support
Group Criteria – both Functional categories and “Special Circumstances”. All
filework advice must be in keeping with the guidance in the Handbook.
In some circumstances, “treat as LCW” may be confirmed at this stage. For
example, the GP may confirm “lumpectomy for breast carcinoma. No evidence of
metastatic disease. Now commencing radiotherapy”. In this case “treat as LCW”
advice could be given. If you indicate “treat as LCW” at this stage, MSRS will
issue form ESA 50A to the claimant. On receipt of this the case will then be
further reviewed to give advice on LCWRA.
HCPs should refer to the Revised WCA Handbook for guidance on the categories
defined in legislation where claimants may be treated as having LCW. All advice
must be compliant with the guidance contained in the handbook.
If there is no evidence of Support Group or Treat as LCW being applicable, the
case will be processed in the normal manner, i.e. Form ESA50 will be issued and
the case will move to Pre-Board Check.
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This process may be summarised as follows:
Referral for TI check received.
Check if DS1500 received with claim.
If DS1500 present advise on TI status if possible. If further detail needed,
contact author of DS1500 for further information.
If no DS1500, check if recent Special Rules claim made.
If there has been SR claim for DLA, advise on this.
If no recent SR claim, phone relevant Healthcare Professional involved in
claimant’s care.
Remember that even if outcome is not TI, you may have adequate evidence
at this stage to advise Support Group inclusion or treat as LCW.
It should be noted that JCP should set a control date for 3 years for TI cases (i.e.
the case should not be re-referred for 3 years), however; some cases may be
inappropriately re-referred earlier than this. If a referral is received for a claimant
where TI was advised less than 3 years ago, the referral should be questioned
with the BDC as it is possible the referral was an error.
The Exceptions for IB (Reassessment TI WCA cases
For IB (Reassessment) TI WCA cases, the referral process is
different.
The cases will be referred via the advice route.
The HCP will be notified by the scrutiny team leader
The number of cases is likely to be small.
The LiMA application will
not be available to record the reply.
The hyperlink will open a free text box within MSRS.
In these cases once sufficient evidence has been gathered (with
the usual urgency for any TI case), the advice as to whether or
not the claimant is likely TI must be completed using the free
text box on MSRS.
Unlike other TI referrals where the options of other LCWRA
categories or treat as LCW are available, the only two outcomes
in the IBR TI cases refereed via this route will be TI or not TI.
The HCP must summarise the evidence underpinning the advice
offered and justify the advice.
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4. The Pre-Board Check
4.1 The Pre-Board Check
The intention of the Pre-Board Check is to identify those claimants who are the
most severely disabled and will be eligible for inclusion in the Support Group
(LCWRA). The Pre-Board Check will also identify claimants, for the DM, who
satisfy the criteria for “treat as LCW”.
A pre-board check must be completed in all initial claims where the claimant is
not terminally ill.
A pre-board check must also be completed in ESA re-referral cases where the
claimant has not previously been subject to a face to face examination. IB re-
assessment cases will not be subject to Pre Board Check, but will be considered
as scrutiny cases.
The case is accessed through the MSRS application and the HCP reviews the
information available.
At this stage, many claimants will have completed the ESA 50 (or ESA50A if
LCW already established). This information should be looked at carefully along
with any other information on file including the Med 3 diagnosis. HCPs should
consider whether or not the evidence presented suggests that the claimant fulfils
any criteria for inclusion in the Support Group or “treat as LCW”. HCPs can refer
to the EBM Key Points for guidance on factors that suggest that severe disability
is likely.
In cases where hospital admission is pending, HCPs can recommend ‘Treat as
LCW’ if there is firm evidence that the claimant is due to have a major procedure
within the next 21 days. HCPs should have firm evidence that the procedure is to
be undertaken, clearly state the nature of the anticipated procedure and be sure
that it is consistent with the claimant’s medical condition.
It may be possible to advise at this stage based on the evidence in ESA 50 and
the Med 3 diagnosis. In cases where there is no evidence that any category of
the Support Group applies nor that any of the “treat as LCW” categories apply the
advice should be to call.
FME should be requested in cases where there is information suggesting Support
Group or “Treat as LCW” criteria are likely to be met. You should adhere to the
guidance for requesting FME provided in section 2.5 of these guidelines.
When reviewing a case that has previously been adjourned for Further Medical
Evidence you need to decide whether further evidence is still required. When the
FME was initially requested, the requesting HCP should have noted whether
further review of the case was necessary so in most cases it will be necessary to
make a phone call to a GP or other Healthcare Provider to obtain information.
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As before, when justifying your advice for the Severe Functional categories of
Support Group, you must also provide reasoning to indicate why the claimant
satisfies LCW. This is likely to be clear in cases where the highest descriptor is a
Support Group, for example mobilising. (Remember that this is not necessary for
the exceptional circumstances categories although you should make it clear to
the DM that both LCW and LCWRA criteria are met due to the exceptional
circumstances.)
When “treat as LCW” has been identified, the HCP must carefully review the case
and provide advice for the DM on whether the LCWRA criteria also apply.
In most cases, it should be possible with the current evidence to advise on
whether the criteria for inclusion in Support Group are met. If they are met, full
justification should be given for the specific category of Support Group inclusion.
Where there is clear evidence that the claimant does not meet LCWRA criteria,
specific justification must be provided to the DM why each Support Group
category (both functional and non-functional) does not apply. It is not sufficient to
say that no Support Group criteria are met. Your justification may be based on
information from the ESA50, FME or on your medical knowledge of the certified
cause of incapacity.
In every case, a prognosis must be given. Where Support Group criteria are met,
the prognosis given should refer to both LCW and LCWRA. The prognosis given
must be logical and in keeping with the consensus of medical opinion. Further
detail on prognosis can be found in section 8 of this document.
Certain conditions should only be examined by Registered Medical Practitioners.
Some neurological conditions may also be examined by a Registered Nurse
trained in neurology or a physiotherapist. A list of these conditions can be found
on LiveLink under “Neurological Condition List by Practitioner Type”. The ESA 50
and all other relevant documentation should be closely scrutinised to ensure the
case is allocated appropriately.
If the HCP advises that the claimant should be called for an examination,
‘Practitioner Type’ must be selected on MSRS to determine if the examination
can be carried out by any healthcare practitioner or whether a medical
practitioner is required. As with the current process, where a neurology trained
nurse or physiotherapist is required “any” should be selected on MSRS and the
ESA55 (case file cover) should be annotated with an “N”.
You need to advise whether the assessment can be carried out at an
examination centre (MEC) or whether a home assessment (DV) is required.
Further guidance on Domiciliary Visit requests can be found in section 10.3 of
this document.
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5.
LCWRA Only Referrals
5.1
General LCWRA Only Referrals
LCWRA only referrals are generated when the Decision Maker has already
established that “treat as LCW” applies.
This may be from information provided by the claimant or from the Med 3
diagnosis where the DM identifies the claimant as being in a “treat as LCW
category” These are:
Infectious disease exclusion by Public Health Order
Pregnancy around dates of confinement
Hospital INPATIENT treatment or a day of recovery from such
Certain regular treatment as defined in the regulations
(For claimants on Income Related ESA see 5.2.)
Further detail of each of these categories can be found in the Revised
WCA Handbook.
The Decision Maker will require advice from Atos Healthcare about the claimant’s
ability to participate in Work Related Activity (LCWRA advice).
The Decision Maker will submit the request for advice, providing information
about the “treat as LCW” category and any further detail they have. For example,
the DM may indicate they have accepted LCW on the grounds of being a hospital
inpatient. They may also then add details of the hospital/consultant in charge of
their care. If no such information is included the referral should be returned to
JCP for clarification
As soon as the referral is received by AH, MSRS will issue form ESA50A to the
claimant. As LCW has already been established within the appropriate period,
where the ESA50A is not returned the case needs to continue through the
process.
The role of the advising HCP is to review all the information available on file and
to decide whether further information is required.
Whenever possible clear advice and justification must be given to the Decision
Maker indicating whether or not the claimant meets criteria for LCWRA.
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The HCP must consider the ESA 50A (if returned), the diagnosis provided on the
Med 3 as well as any information available on MSRS for example a previous ESA
85. In many cases, there will be a requirement to obtain further information about
the claimant’s condition. This would normally be by requesting FME. The FME
request should be documented on MSRS. . In the event of non-return of FME,
you should phone the GP or other Healthcare Provider for further information.
The claimant should not be called to examination until all other evidence
gathering options have been exhausted.
There are 3 possible outcomes:
1. The evidence suggests LCWRA is applicable. In this case, the ESA 85A should
be completed giving advice on the appropriate Support Group category. This
should be fully justified.
2. The evidence suggests that LCWRA is not applicable. In this case, the advice
should be given to the DM detailing why none of the Support Group categories
are applicable. Every category must be clearly justified. These categories include
the special circumstances and the functional support groups.
Terminal
illness
Chemotherapy
Substantial physical or mental risk
Specific pregnancy risk
lower limb functions
upper limb functions
continence
eating and drinking/chewing swallowing food
communication
learning or comprehension
awareness
of
hazard
personal
action
coping
with
change
coping with social engagement
appropriateness of behaviour with other people
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In rare circumstances, where no information is available or when level of function
cannot be clarified by any other means, it will be necessary for the claimant to be
examined in order to provide advice to the DM on LCWRA status;
Examination
should only be advised after every possible attempt has been made to provide
definitive advice. You should only ever take this action after discussion the case with
your team leader or manager.
Rarely, the situation may arise where the HCP uncovers evidence that conflicts with
the LCW decision made by the DM. For example, information may be uncovered to
reveal that the claimant is no longer requiring weekly haemodialysis or that they are
no longer a hospital inpatient. In these situations review the evidence and consider if
Support Group or treat as LCW for another reason is appropriate or, call for exam.
Full justification must be given.
5.2 Income Related ESA LCWRA Only Referrals
In addition to the above case types in 5.1, occasionally you may come across
clerical referrals for LCWRA only filework advice for a claimant on income
related ESA, who is also in education, is entitled to DLA award at any level and
is not in receipt of child benefit.
You should treat these referrals as any other LCWRA-only referral with due
consideration to all the evidence, seeking FME as appropriate; and fully justify
the LCWRA advice.
You would not be expected to identify a claimant satisfies this specific LCWRA-
only referral category in any other type of Filework as you would not have the
relevant information available to you regarding DLA, child benefit etc.
As this is currently a clerical referral, all the advice needs to be completed
clerically. The ESA 86 should be completed with full justification.
Rarely, you may become aware that the claimant is no longer in education or
receiving DLA. In these circumstances, you should pass the referral back to the
administration team with a note explaining why the claimant is no longer likely
to be “Treat as LCW” in this referral sub category. They will then arrange for this
referral to be sent back to the DWP.
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6. ESA Re-referral Filework
6.1 ESA Re-referral Scrutiny
When a claimant has been accepted as having LCW by the Decision Maker
based on a full LCW/LCWRA medical examination (ESA 2008 or 2011
regulations), or following IB re-assessment scrutiny the case will be referred to
Atos Healthcare after an appropriate period for further advice. This time period
will normally be based on the advice provided by the examining HCP at the time
of the assessment.
The possible outcomes at re-referral scrutiny are:
To accept ongoing LCW
“Treat as LCW”
To advise that the Support Group criteria have been met
To advise that further assessment by face to face examination is required
ESA Cases
For ESA re-referral cases that have not been subject to the IB re-assessment
process re-referral scrutiny allows the possibility to “accept” for a further period of
time that the person has continuing limited capability for work as long as the
following criteria are met:
The claimant has had a full LCW/LCWRA Medical Examination
(completed ESA 85). The full report ESA 85 report may not always be
visible, for example if it was completed clerically, however the referral
details on MSRS should make it clear that the person has previously
been subject to a face to face assessment. You do not have to see the
previous case to accept at scrutiny.
The claimant has scored above threshold (15 points or above) either
on Physical or Mental Function descriptors at this assessment and the
DM has accepted LCW. (Not “treat as LCW”)
The current available evidence suggests there has been no improvement, or
there is evidence of deterioration in their functional capability, and it is likely that
they will continue to score over threshold.
The case will be referred back to Atos Healthcare Medical Services and
accessed by an appropriately trained HCP.
At this stage, the practitioner will review, through the MSRS application, the ESA
85 from the previous referral, if available, and the current ESA 50, if completed.
The HCP must carefully review any ESA 85 completed under the 2008
regulations and consider whether the claimant would continue to be considered
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as LCW under the 2011 regulations.
For example, the descriptors relating to mobility are significantly revised from the
2008 regulations where the main function considered was walking rather than
mobilising.
The ESA 85 will usually have been completed electronically using LiMA. Where
the previous ESA 85 has been completed clerically, the ESA 85 will not be
available at re-referral.
Where the ESA 85 is not available, there must be
sufficient evidence that you can satisfy yourself that LCW threshold was
likely to have been met and is still appropriate.
After review of all the evidence, the HCP must make a decision on whether
FME is required. The decision on FME should be based on the current
evidence available and must only be requested if it is likely to impact on the
scrutiny advice.
In cases where the claimant was accepted as satisfying the criteria for Support
Group by the Decision Maker either as a result of filework advice or following
examination, the case will be re-referred as a Pre-Board Check.
Those
previously in the Support Group or “Treat as LCW” cannot be “accepted”
as having ongoing LCW.
Re-referral of IB Re-assessment Cases
In IB reassessment cases the principle remains the same. The evidence
available to you may include a previous IB reassessment scrutiny or IB 85. The
outcomes are the same as for ESA re-referrals above. There is no requirement
for a past IB 85 to be visible to allow ongoing acceptance of the case.
The key for all re-referral cases whether ESA re-referral or IBR scrutiny include:
Understand that a case that was previously IBR may not have a previous
exam report available.
Remember that a previous report on the system is not mandatory for
acceptance for any re-referral scrutiny case.
Review all the available evidence.
Advise whether or not the claimant is likely to score above threshold on the
2011 WCA descriptors for acceptance.
Advise as to the broad areas on which acceptance is based.
Consider and advise if Support Group or “Treat as LCW” likely to be more
appropriate.
If none of the above outcomes, then call for face to face assessment.
6.2 Scrutiny of Evidence in Re- referral cases
In ESA re-referral filework, the HCP must scrutinise all available evidence. This
evidence may be on MSRS or in the ESA 55 jacket.
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6.2.1 MSRS Information
Within MSRS the HCP should check for any further medical evidence such
as Med 3 or FRR4 information to see if there is evidence of a change in the
claimed level of functional capability.
Other information such as appointee status and any “Potentially Violent”
information should be considered along with the age of the claimant as this
may impact on likely level of disability.
Any previous filework outcomes on ESA 85As should be reviewed as this
may provide some detail of previous level of disability.
Check other evidence including advice offered at reconsideration.
Any previous ESA 85s should be reviewed.
6.2.2 ESA 55 Information
The re-referral will be initiated electronically by the DM. Therefore clerical papers
from previous referrals will not be available.
However there may be useful information within the ESA 55 Jacket, for example the
ESA 50. At re-referral, the claimant may have completed a new ESA 50 detailing
their current problems. This document can be invaluable in assessing stated
problems and comparing this evidence to the previous ESA 85. Details of changes
to medication, any new treatment/consultant input etc should be considered. The
claimant’s stated abilities and limitations in each functional area should be
considered and compared to the level of ability detailed in the ESA 85.
6.2.3 MSRS/ESA 55 information
ESA 85
The previous ESA 85(if available) should be accessed and reviewed on MSRS.
This may have been completed under the 2008 or 2011 regulations.
When considering the ESA 85, there are many aspects to consider. These
require knowledge of both the 2008 and 2011 descriptors and scoring. (For
descriptors and scoring see appendices B and D.) The report must also be
reviewed and scrutinised for consistency and appropriate justification in each
case.
Scoring at previous LCW/LCWRA examination
In order to be able to consider acceptance, the claimant
must have been awarded
15 points or more on physical descriptors, or
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15 points or more in the Mental Function descriptors
15 points or more through a combination of physical and mental function
descriptors
In some cases, the ESA 85 will suggest a score of less than 15 points. The
claimant may have in this case been awarded ESA by the Tribunals service. You
will not have sight of the evidence considered by the Tribunals service so in
many cases, a further examination may be necessary.
Choosing Descriptors – Physical cases
The descriptors chosen at the LCW/LCWRA examination must be considered
with the current ESA 50 and the HCP must be aware of whether 2008 or 2011
regulations were applicable.
The following guidelines for reviewing the evidence must be considered in line
with the guidance at section 2.4 - 2.5 of this document.
In cases where the claimant has identified some improvement in one area of
function where they were previously awarded scoring descriptors, this may
suggest that a further examination is required to assess current level of function.
Some examples of possible scenarios where this may occur are listed below:
1. A claimant was awarded 15 points for restriction in walking limited to 50m and 6
points for standing restricted to less than 30 minutes at their previous
assessment following a recent fractured femur under the 2008 regulations. In
their current ESA 50 they indicate they still have some pain but their walking has
now much improved following physiotherapy and they can manage in excess of
200m and can stand for longer than 30 minutes. They also indicate that their
analgesia has been reduced from high strength dihydrocodeine to paracetamol.
In this case, as long as there was no indication of problems in any other area, the
outcome would be to call.
2. A claimant was awarded 15 points at their previous LCW/LCWRA medical
examination for weekly seizures. They had only recently been diagnosed with
epilepsy and their consultant had been trying various medication regimes with
little success to control their condition. Their recent ESA 50 now indicates that
they have been tried on new medication and have only had 2 seizures in the last
7 months. They indicate no other problems. Again, in this case there appears to
be an improvement in the condition since the last assessment, and the likely
outcome would be to call the claimant for examination.
3. A claimant was previously awarded 15 points for bowel incontinence occurring on
a monthly basis. At this time, they had poorly controlled ulcerative colitis. Since
then, they indicate in the ESA 50 that they have had surgery and a now have a
stoma. They indicate they can manage this by themselves and feel their condition
has significantly improved. They have no other medical conditions. Again, in this
case there is no evidence in the ESA 50 of problems with the stoma, and
therefore calling the claimant for further assessment is likely to be appropriate.
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At times the evidence in the ESA 50 may suggest deterioration in the condition or
that there is unlikely to have been a significant change since the last assessment.
Usually there will be a requirement for supportive “Medical fact” to be
documented to allow acceptance of ongoing LCW and at times there may be a
requirement for FME. For example:
1. A claimant was awarded 15 points at their previous assessment for monthly
bowel incontinence. The report was detailed and consistent. They had poorly
controlled Crohn’s disease at the time of the assessment. The claimant has
indicated on the ESA 50 that they continue to have loss of full bowel control
every 2-3 weeks despite various changes to medication. They have also recently
lost a lot of weight and have been prescribed “Build up drinks” by their GP. They
have had 3 hospital admissions lasting 10-14 days in the last 6 months due to
dehydration and they await further referral to a specialist unit to consider further
management options. The claimant has supplied dates of hospital admissions,
details of current medication and details of their current consultant and the
tertiary referral centre they have been referred to. Again, in this case it may be
reasonable to accept the stated level of disability for a further period based on
the medical facts presented and knowledge of the diagnosed condition.
2. A claimant was awarded 15 points for visual impairment - cannot see 16 point
print at 15cm and has now been referred under the 2011 regulations. They were
waiting for bilateral cataract extraction. They have indicated that they feel the
operation was not fully successful in one eye and the other eye has not yet been
operated on. They indicate they still struggle to see and read and cannot read
Braille. They have not supplied any dates of clinic appointments and have not
submitted details of a Certificate of Visual Impairment. In this case, ongoing
LCW may be possible depending on the extent of visual impairment. However
the evidence represents only claimant provided opinion. In this case, further
evidence would be required from the GP or consultant to verify the outcome of
the surgery on one eye. Further information would be needed about their ability
to safely navigate. This may be difficult to obtain from FME and it may be
necessary to call the claimant for further assessment if not fully clear with the
available information \ evidence.
Choosing Descriptors – Mental Function cases
The descriptors chosen at the LCW/LCWRA examination must be considered
with the current ESA 50. The following guidelines for considering the evidence
must be considered in line with the guidance at section 2.4 – 2.5 of this
document.
In cases where the claimant has identified some improvement in one area of
function where they were previously awarded scoring descriptors, this may
suggest that a further examination is required to assess current level of function.
For example:
1. A claimant was awarded 18 points in Mental Function through descriptors in
coping with change, getting about and coping with social interaction. No physical
issues were identified. At the previous assessment, they had been recently
assaulted and developed panic disorder as a result.
At the time of assessment, they had just been commenced on citalopram and
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were awaiting input from the Community Mental Health team. They have
documented in their current ESA 50 that they have been attending anxiety
management classes and “feel more like their old self”. They have now
recommenced some social activities and can leave the house alone. They
indicate no new problems. Their GP is reducing their medication. Again, in this
case, a decision to call would be likely as there is evidence of improvement.
2. A claimant was awarded 18 points at their LCW/LCWRA medical examination (6
months ago in areas of initiating and completing personal action, and coping with
social engagement. At the time of assessment, they had been discharged from a
psychiatric unit 4 months previously with a severe depressive episode. They had
fortnightly input from the psychiatrist and twice weekly input from the CPN. At the
time of the assessment, the claimant was beginning to feel some improvement.
In the current ESA 50, the claimant has indicated that she now sees the
psychiatrist every 3 months and CPN on a monthly basis. She feels more
motivated and has started some voluntary work 6 hours a week in a local charity
shop. In this case, there appears to be evidence of improvement. FME is unlikely
to change the outcome and “calling” the claimant for further assessment would
seem appropriate.
At times the evidence in the ESA 50 may suggest deterioration in the condition or
that there is unlikely to have been a significant change since the last assessment.
Usually there will be a requirement for supportive “Medical Fact” to be
documented to allow acceptance of ongoing LCW and at times there may be a
requirement for FME. For example:
1. A 19 year old claimant scored above threshold at the previous assessment in
Mental Function. They had a diagnosis of learning disability and scored in the
areas of learning or comprehension and in coping with change. The claimant at
the time of assessment was living with their parents who provided significant
support. They were due to start a life skills course at college. The report was
comprehensive and well justified. The prognosis advice given was “that with input
may improve within 18 months”. The current ESA 50 was completed by the
claimant’s social worker. They have indicated that his progress at his life skills
course has been slow and hampered by increasing levels of anxiety. Social work
are now providing some respite care and the claimant has been commenced on
citalopram for his anxiety. He is now reluctant to leave the house at all and is now
having input on a weekly basis from the CMHT and daily support from social
work. Details of the CMHT members have been provided and details of social
work support workers are identified. It may be appropriate to obtain FME as the
claimant may satisfy Support Group criteria under the 2011 Regulations – e.g. if
abilities to cope with change have further deteriorated.
2. A claimant was awarded 18 points in Mental Function through descriptors in
coping with change, getting about and coping with social engagement (2011
regulations). No physical issues were identified. The report was consistent, well
justified and indicated moderate to severe levels of anxiety. At the time of
assessment, they had just been commenced on citalopram. A prognosis of 6
months was given with justification that improvement in the condition would be
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expected with medication which had only just been commenced. In the ESA 50,
the claimant still indicates ongoing medication with no change to the dose of
citalopram. She indicates she sees her GP every 2 months and is increasingly
finding it more difficult to attend due to anxiety. She says she can no longer go
outdoors alone and has panic attacks on a frequent basis. She was referred to a
counsellor by her GP but she felt too anxious to attend. In this case, there is very
little evidence in the way of medical fact. The evidence is mainly claimant opinion,
however given that she had significant disability at the last assessment; she may
well have ongoing LCW. In this case, it would be reasonable to request FME to
attempt to ascertain whether there has been any significant change to her
condition to allow acceptance of ongoing LCW or establish whether SG is likely to
apply.
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7. IB Re-assessment Scrutiny
7.1 Background
In 2010 the Government announced plans to re-assess all current recipients of
Incapacity Benefit and those in receipt of Income Support on grounds of
incapacity in order to establish their readiness to work.
At that time, 2.5 million people in receipt of IB had nothing in place to support
them to re-enter the workplace. The Government felt this was not a desirable
situation and announced that Incapacity Benefit claimants will be re-assessed
under the revised WCA regulations over a 3 year period commencing 2011.
In re-assessing these individuals, those who are found to have limited capability
for work under the Revised WCA regulations will be placed in the work related
activity group which will allow them access to the “work programme”.
Those who are capable of work will migrate to JSA/Income Support
The Work Programme will be a single package of support providing personalised
help for everyone who finds themselves out of work regardless of the benefit they
are claiming.
7.2 IB Re-assessment Scrutiny
The DWP will refer most claimants currently in receipt of Incapacity Benefit to
Atos Healthcare for re-assessment under the Revised WCA regulations. Those
who will have reached state pensionable age by the end of the process in 2014
will not be referred. The timing of referral of each case will be determined by JCP
based on the date that their IB entitlement was due for review
The claimant may be in receipt of Incapacity Benefit as:
1. They have been previously accepted as meeting the threshold of incapacity for
the Personal Capability Assessment used in IB following advice from a PCA
medical examination
2. They have previously been accepted as meeting the threshold of incapacity for
the PCA following filework scrutiny advice
3. They have been considered to be exempt from the PCA process following advice
either at scrutiny or examination.
Those on Incapacity Benefit may have been referred many times over the years and
the Decision Maker has continued to accept they meet the threshold of incapacity.
You may find that there are a number of previous examination and filework outputs
to consider.
When the IB re-assessment referral is received the Atos Healthcare HCP will apply
the process of IB re-assessment scrutiny. This will allow them to:
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Accept that they meet the threshold for LCW under the Revised WCA
Regulations
Advise that the Support Group criteria have been met (Revised WCA
Regulations)
Advise that “treat as LCW” criteria have been met (Revised WCA
Regulations)
Advise that further assessment by face to face examination is required to
determine their level of disability
The pre-board check process is not applicable to IB re-assessment claims. The
Filework HCP can base their advice on any evidence available, for example
previous Filework outputs, FME or a previous IB examination.
7.3 Scrutiny of evidence in IB Re-assessment Cases
In IB re-assessment filework, the HCP must scrutinise all available evidence. This
evidence may be on MSRS or in the ESA 55 jacket.
7.3.1 MSRS Information
Within MSRS the HCP should check for any further medical evidence such
as Med 3 or FRR4 information to see if there is evidence of a new diagnosis.
Other information such as appointee status and any “Potentially Violent”
information should be considered along with the age of the claimant as this
may impact on likely level of disability.
Any previous filework outcomes on IB 85As should be reviewed as this may
provide some detail of previous level of disability.
Any previous IB 85s should be reviewed.
7.3.2 ESA 55 Information
The re-referral will be initiated electronically by the DM.
Therefore clerical papers
from previous referrals will not be available.
However there may be useful information within the ESA 55 Jacket, for example the
ESA 50. At referral, the claimant may have completed a new ESA 50 detailing their
current problems. This document can be invaluable in assessing stated problems
and comparing this evidence to any previous information on file. Details of changes
to medication, any new treatment/consultant input etc should be considered. The
claimant’s stated abilities and limitations in each functional area should be
considered and compared to the level of ability detailed in the IB 85 if available.
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At the beginning of the reassessment process JCP will make telephone contact with
the claimant to explain the process, and during this conversation they will encourage
the claimant to attach any medical evidence that they hold, such as hospital reports,
to the ESA 50. It is important that you consider any such evidence
7.3.3 MSRS/ESA 55 information
IB 85
Any previous IB 85s should be accessed and reviewed on MSRS. When
considering the IB 85, you need to consider whether the report is consistent and
appropriately justified. You need to have knowledge of the IB descriptors and
scoring. A list of the IB descriptors can be found in Appendix E.
In order to achieve the threshold for incapacity under the PCA regulations, the
claimant
must have been awarded
15 points or more on physical descriptors, or
10 points or more in the mental health assessment or
a combination of 6 or more points on physical descriptors and 6 or more
points on the mental health assessment.
You must be aware of the fundamental differences between the descriptors of
the Revised WCA and the PCA when considering their advice.
In some cases, the IB 85 will suggest a score below threshold. The claimant
may have in this case been awarded IB by the Tribunals Service. You will not
have sight of the evidence considered by the Tribunals service so in most cases,
a further examination may be necessary unless other evidence is available on
file.
Choosing Descriptors – Physical cases
Although the physical descriptors are entirely different in the PCA and the Revised
WCA, there is still scope to consider the level of function suggested by the IB
descriptors and the IB 85 information. This should be compared against the current
ESA 50 looking for any change in the level of disability. If the level of disability was
very high in the IB assessment, then the claimant may well reach the threshold for
the Revised WCA. However if the level of disability was found to be low at the IB
assessment the claimant is unlikely to reach the threshold for the Revised WCA
unless further evidence suggests significant deterioration. In cases where the
claimant has identified some improvement in one area of function or no change in
function where they were previously awarded scoring descriptors, a WCA
examination may be required to assess the current level of function. Some
examples of possible scenarios where this may occur are listed below:
1. A claimant with a diagnosis of fractured femur following a road traffic accident,
was assessed for IB, and found to have significant limitation of function.
The MSRS MED3 information states “leg problem”. He was found to have severe
restriction of standing, walking, using stairs and bending and kneeling. No other
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physical or mental function problems were identified. His current ESA 50
indicates that he has had further surgery and now walks reasonable distances
without crutches. In this case the appropriate advice would be to call for
examination.
2. A claimant with a diagnosis of back pain scored a number of “3 point” descriptors
in his previous PCA examination – through mild restriction of sitting, standing,
walking, stairs, rising from sitting and bending /kneeling. The IB 85 indicates co-
codamol for pain with no evidence of specialist input or sciatic symptoms. In his
current ESA 50, he indicates that his back pain has not improved at all and he is
still as restricted as he was when previously examined. In this case, as the level
of functional restriction at the PCA is unlikely to equate to the LCW threshold of
the Revised WCA, with no evidence of change, the appropriate outcome would
be to call.
At times the evidence in the ESA 50 may suggest deterioration in the condition or
that there is unlikely to have been a significant change since the last assessment.
Usually there will be a requirement for supportive “Medical fact” to be
documented to allow acceptance of LCW/LCWRA under the revised WCA and at
times there may be a requirement for FME. For example:
1. A claimant with long standing rheumatoid arthritis (multiple joint involvement) was
previously exempt under the PCA criteria for having an active and progressive
form of inflammatory polyarthritis. The Med 3 indicates – “severe progressive
rheumatoid arthritis – unresponsive to therapy” The previous IB85A indicates a
phone call to GP confirmed very limited mobility and severe hand and wrist
problems – awaiting immunotherapy. Her current ESA 50 indicates that despite
input from a tertiary referral centre with immunotherapy she has become
wheelchair bound with severe deformities of the hands and wrists. She has been
assessed and is not considered to be safe to operate an electric wheelchair due
to the weakness and pain in her hands. In this case the reasonable outcome
would be to advise Support Group inclusion because of poor mobility.
2. A claimant has diabetic retinopathy, and was previously found to reach the
threshold for incapacity under the PCA regulations. At the time, he was found to
be unable to see well enough to read 16 point print at a distance greater than 20
centimetres. In the year leading up to the reassessment of his benefit claim he
developed bilateral retinal haemorrhages and was subsequently registered blind.
He has attached a certificate of visual impairment with his ESA 50. In his ESA 50
his wife indicates that he has lost his confidence and that he requires assistance
from his wife to navigate outdoors as he has no confidence to cross the road
safely and even struggles indoors. She also indicated that he cannot read Braille
and has help with all written correspondence. In this case it would be appropriate
to give advice to the DM to accept the claimant as reaching the threshold for
incapacity under the Revised WCA regulations for navigation and even consider
Support Group for understanding communication in view of the likely severity of
visual impairment
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Choosing Descriptors – Mental Function cases
Unlike the Revised WCA, the Mental Health Assessment in the PCA does not
have descriptors, so there is little obvious direct correlation between the two
types of assessment. However, other information can be reviewed and related to
the WCA descriptors. Where an IB85 exists, the typical day may provide
adequate information to allow advice that the threshold of LCW may be met in
the Revised WCA. As with physical problems, careful scrutiny of the ESA 50 or
other evidence may provide information about possible improvement or
deterioration since the claimant was last assessed.
For example;
1. A claimant has been in receipt of Incapacity Benefit on the basis of her learning
disability due to Down’s syndrome for several years. She is now referred for
reassessment under the Revised WCA regulations. On MSRS there is a
previously completed IB 85 in which the claimant comfortably achieved the
threshold for the PCA on the areas of completion of tasks, coping with pressure
and dealing with other people. The IB85 indicates that she lives with her mother
and can manage simple tasks. She was subsequently accepted on filework
scrutiny on one occasion based on information obtained from the GP at the time.
There is a recent MED 3 which confirms that the claimant has Down’s syndrome.
The ESA 50 and the IB 85 suggest that she would have some difficulty managing
daily changes to routine and tends to get lost in unfamiliar locations. The
appropriate advice would be to accept under the Revised WCA criteria on a
combination of managing change, getting about and learning tasks.
2. Mr C was previously exempt under the PCA due to severe anxiety and panic
attacks. The previous IB85A notes indicate “GP confirms true agoraphobia –
does not leave house”. The current ESA 50 indicates that he no longer sees a
CPN and has discontinued propanolol, diazepam and citalopram. He indicates he
does not see the GP and that he is doing voluntary work for a local charity. The
Med 3 indicates “debility”. In this case, as there is evidence of likely improvement
in the level of function, the advice should be to call to examination to ascertain
current level of function.
3. Ms A was previously exempt from the PCA on the grounds of Severe Mental
Illness at examination. The IB85 indicates she had a diagnosis of autism and she
did not communicate at all at the assessment. Her mother provided all the history
– indicating her daughter has severe communication problems, isolates herself in
her room and only communicates as necessary with her parents. She attended a
special school and has had input from the National Autistic society. She has
severe mood swings with uncontrollable aggressive outbursts which can be
difficult to manage. She has never made any friends and has never been
employed. The MED 3 indicates severe autism. Her current ESA 50 was
completed by her mother indicating social services are now involved and a
referral has been made to the psychiatric services to consider medication as her
violent outbursts are becoming even more problematic. In this case, Support
Group advice would be appropriate – either Social Engagement or
Appropriateness of Behaviour.
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8. Prognosis
8.1 Overview
As part of the filework process, HCPs are required to give advice on
when a
return to work / work related activity could be considered in all cases in which
acceptance, Treat as LCW or Support Group inclusion is advised.
The key messages are:
For the majority of claimants, provision of ESA should be regarded
as a temporary measure, until the claimant has recovered from an
illness or adapted to disability (following appropriate interventions if
necessary)
ESA is an active benefit (with Work Focussed Interviews and
appropriate interventions) and so prognosis does not only consider
when / if a claimant’s disability would be expected to improve, but
also considers the provision of appropriate interventions or
adaptations that could be made.
Note the following:
Under the LCW/LCWRA medical procedures, approved HCPs are
required to give advice on prognosis without reference to the
outcome of the decision making process
When the claimant satisfies the LCW/LCWRA medical
examination, the medical advice on prognosis provided by
approved HCPs to Job Centre Plus is often used by the Decision
Maker to determine when subsequent re-referral to Atos
Healthcare is appropriate
The DWP will wish to refer a claimant for reassessment of
LCW/LCWRA at the point where there is a reasonable expectation
that their prospects of a return to work have improved. Whether the
outcome of the case is inclusion in the Support Group, application
of Exceptional Circumstances or advice on a functional condition,
the Decision Maker will require a reasonable prognosis for a return
to work. In assessing when a return to work may be possible, the
approved HCP should provide this advice based upon their
assessment of the claimant, their knowledge of the natural
progression of the identified medical conditions, and the time they
feel a claimant may need to adapt to their condition
Note that the prognosis is not just about improvement in function.
This is obviously one part of the prognosis issue, however; there
are conditions that will be permanent with no expectation of
functional improvement but this does not mean the claimant will be
unable to work. Consideration of reasonable time scales to allow
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possible retraining, support, time to adapt to disability and provision
of work place adaptations should allow many claimants, even with
significant functional restriction to enter into work.
For those deemed to be in the terminally ill group there is no
requirement to include a prognosis
If there is more than one relevant functional condition, the HCP
should aim to provide an opinion on the likely timescale for return
to work, taking account of the effects of all conditions
If an early improvement is expected, a short prognosis should be
given in all cases your opinion on when a return to work could be
considered must be fully and comprehensively justified. It is
important to consider each case individually and to choose and
justify the appropriate time period (3, 6, 12 or 18 months), or to
justify why a return to work is unlikely within 2 years or in the longer
term.
8.2 How to formulate prognosis advice
Improvement Likely
The main question the HCP must consider is:
When would you expect significant improvement in the disability or in cases
where improvement in the level of function is not anticipated, with adaptation/re-
training/aids when could a return to work be considered?
The HCP’s response will depend on whether the key functional problems will
improve and over what timescale:
With
further
treatment
With
time
With the natural progress of the underlying disease
Or whether adjustments will result in a reasonable expectation of
the claimant being engaged in some form of work
The duration of prognosis must be based around the medical knowledge of
the condition and consideration of rehabilitation and workplace adaptations.
This will determine the duration of prognosis.
It is difficult to give specific guidance as each case must be considered on its
own merits. Some cases with the same functional loss may have different
prognosis. For example:
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Registration as severely sight impaired. Those who have had a gradual
process of visual loss and have continued to work and have now become
unemployed are more likely to be able to re-enter the workplace in a shorter
time than a person who perhaps through trauma has become severely sight
impaired. The person with acute visual loss is likely to need more time to
adapt to their condition to allow safe navigation and is likely to need retraining
or significant workplace adaptations to re-enter a workplace.
In some cases, functional recovery cannot be expected, for example, where
there is complete paraplegia following spinal cord transaction. This, however,
does not mean that a long term prognosis is appropriate. With ongoing
rehabilitation, perhaps retraining and workplace adaptations, the person may
be able to return to work.
In musculoskeletal cases, with advances in medicine and with adaptations in
the work place, most cases should have some expectation of recovery of
function and with additional support should be able to re-enter the workplace
in the short to medium term. Again, this is not an absolute as complex
rheumatoid cases with multiple joint involvement may require longer for their
medical management of the condition to be optimised and they may need
multiple adaptations to allow them to work. Therefore overall, each case must
be considered carefully and prognosis advice fully justified to the Decision
Maker.
In Mental Function cases, consideration of the diagnosis, current treatment
and medication should be considered. Guidance from the EBM Mental Health
protocols should be followed. In mild to moderate anxiety and depression, in
most cases, with support, a fairly short prognosis would be expected. In more
major conditions such as first onset of a psychotic episode, the treatment and
recovery time may be more prolonged.
With some conditions, prognosis may be more straightforward, for example
where LCW is accepted due to pregnancy around dates of confinement.
Where the claimant is in the Support Group because they are having
chemotherapy, prognosis may initially seem fairly straightforward since in
most cases the duration of treatment will be known. However, you must also
assess a “reasonable recovery period”. This may vary from one case to the
next. A person who was otherwise fit and well may have a shorter recovery
period than a person who has had significant weight loss, post operative
complications or complications of chemotherapy. You must base your advice
on your medical knowledge and skills as a disability analyst to provide
reasonable advice to the DM. Where the advice provided seems to be out with
that normally expected clear and comprehensive justification must be given.
The timescales for improvement are:
3
months
6
months
12
months
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18
months
Change unlikely:
In some cases the HCP may consider change is unlikely. The timescales for advice
in these cases are:
Within the next 2 years:
If significant change is unlikely within two years but nevertheless there is still
some possibility that improvement may occur with time or with further therapy,
then the HCP should indicate that a return to work is unlikely for at least 2 years.
For example, you might be considering a claimant with rheumatoid arthritis with a
significant degree of functional disability, where you would not expect much
improvement within 2 years but where surgery or other treatment in the medium
term might change the clinical picture. You might reasonably advise that a return
to work is unlikely within 2 years.
Or
A claimant has significant learning difficulties needing significant support on a
daily basis; however is attending life skills at college and with some degree of
further maturity may functionally improve, a 2 year prognosis may be suitable.
Change unlikely:
In the longer term:
If in your opinion there is a substantial degree of functional impairment due to a
serious medical problem which is chronic or will inevitably deteriorate further,
even with optimal treatment/ maximal input and adaptations, you should indicate
that a return to work is unlikely for in the longer term.
For example, you might reasonably advise an “in the longer term” prognosis for a
claimant with a clearly progressive neurological condition.
Or, in the case of a young adult with a very significant degree of learning
disability, who has a disability in a number of functional areas because of
cognitive impairment and a requirement for a high level of support, you may feel
that all management and support strategies have been exhausted and that
further adaptation is unlikely to occur. You might then reasonably advise an “in
the longer term” prognosis.
Other factors:
Age:
This is not a medical cause of incapacity but may indicate the stage of
the disease.
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Duration of incapacity:
It is undesirable to frequently review claimants with a confirmed
chronic or progressive disability whose capability is unlikely to improve.
Fluctuating conditions:
It may be reasonable to give a finite prognosis if the natural history of
the condition suggests that the periodicity and duration of
exacerbations of the condition will be significant.
Multiple conditions:
If there is more than one relevant functional problem, your prognosis
should be based on the overall functional prognosis.
HCPs should remember the repository and the EBM Protocols. These will be
helpful when considering prognosis.
(See Appendix F for a Prognosis Matrix)
8.3 The Work Programme
The Work Programme is a major new payment for results welfare to work
programme launched throughout Great Britain in June 2011. It replaces previous
programmes such as the New Deals, Employment Zones and Flexible New Deal. It
is delivered by a range of private and voluntary sector organisations providing
support for people who are at long-term risk of unemployment. It represents a
significant investment by the Government and its partners in seeking to help millions
of people into lasting jobs.
The design of the Work Programme seeks to address weaknesses of previous
programmes, and brings together and simplifies the range of contracted provision
and support. The programme supports a wide range of participants, from those who
are at risk of long-term unemployment, to others with limited capability for work and
who may have been out of work for several years.
Individuals can access the Work Programme at different times dependent on a
number of characteristics. These include: the type of benefit they are receiving, their
age, their distance from the labour market and, for individuals placed in the Work-
related Activity Group (WRAG) of ESA, their WCA prognosis. Some will be required
to attend the Work Programme, whilst others will be able to volunteer with the
agreement of their Jobcentre Plus adviser. Whilst not on the Work Programme
claimants will be supported by Jobcentre Plus.
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Individuals who are placed in the WRAG and given a 3 or 6 month prognosis will be
required to join the Work Programme. These individuals will be expected to recover
or adapt to their condition within a relatively short period of time, so they will be
provided with immediate support to help them back to work. They will be reassessed
respectively at the 3 or 6 month point and if found fit for work can claim Jobseekers
Allowance and continue to receive support through the Work Programme. This will
place them in the best possible position to return to work once they are well enough
to do so. Individuals placed in the WRAG and given a prognosis of greater than 6
months will not be required to join the Work Programme. They will be able to access
the Work Programme on a voluntary basis or receive support through Jobcentre
Plus.
Once on the Work Programme, claimants will be expected to stay on the
programme for two years. During this time, some people’s circumstances and the
nature of their participation in the programme may change. If, for example, they are
found to be in the Support Group at reassessment, then they will no longer be
mandated to remain in the Work Programme, but could still access the support on a
voluntary basis.
Work Programme providers are able to require participants in the WRAG to
undertake work related activity. However, this activity must always be reasonable
given the claimant’s circumstances. ESA claimants cannot be required to look for,
apply or undertake work, nor undergo medical treatment.
Claimants in the WRAG who are not on the Work Programme will be expected to
prepare for a return to work with support from Jobcentre Plus, undertaking work-
related activity as required by their adviser.
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9. Justification
You are required to explain and justify any advice that is given at the filework stage.
The purpose of the justification of advice is to
Fully explain the advice given when advising acceptance including
justification why LCWRA is not met when advising LCW only
and
Explain prognosis advice
In cases where the advice given is to accept, the purpose of including a
justification in all cases is:
To provide the Decision Maker with a brief summary of the reasons
why you consider the evidence to be sufficiently clear to allow you to
advise on the level of disability without the need for an examination
To explain medical reasoning:
For subsequent audit purposes
and
To inform another filework HCP who considers the case when it is
next referred
You may also wish to explain your reasoning if
The opinion appears to be out of keeping with the ESA Filework
Guidelines
or
There is a need to highlight important issues for the attention of the
examining HCP
Justification must:
Be specific to the case under consideration
Refer to the certified cause of incapacity and to any other relevant
conditions
Be succinct and in line with the IQAS quality standards
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Justification for every Filework Outcome must be recorded. Justification is
recorded as either:
a LiMA phrase (with use of free text box as appropriate.)
or
Free
text
Both these can be entered into the Justification box. LiMA will provide a selection
of justifications from which to choose or you can create an individual response
using free text.
You must provide enough detail to explain your opinion if the
advice given seems to be contrary to any of the principles set out in the
ESA Filework Guidelines. You need to justify and explain the reasoning not only
to the Decision Maker but to a medical auditor.
Advice should:
Not include embarrassing information
Not mention the ESA Filework Guidelines in the justification
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10. Miscellaneous
10.1 Harmful Information
Any information that is identified as harmful to the claimant can be indicated to the
Decision Maker by entering it into the ‘Harmful Information’ box. Any information
entered here will only be printed out onto the harmful information part of the
ESA85A. This may be of particular importance in TI cases.
10.2 Unexpected Findings
On rare occasions, you may identify information suggesting the claimant may have
an undiagnosed illness, or information may be revealed in the ESA 50 that the GP
may not be aware of e.g. suicidal ideation. You must consider this information
carefully and follow the guidance provided by your professional body about breach
of confidentiality.
You should refer to the Revised WCA Handbook for further information and should
consult with a senior colleague before disclosing information to a third party.
10.3 Domiciliary visits
Not all benefit assessments are conducted at an examination centre. Sometimes a
claimant indicates that they are unfit to travel to or to attend the MEC and then a
domiciliary visit (DV) may be necessary.
Examination at a MEC is the most desirable option, as the conditions there are most
suitable for an assessment, in terms of Health and Safety and providing a suitable
environment to conduct a comprehensive examination. However, it is recognised
that, at times, the examination needs to be conducted in the claimant’s home.
It is impossible to provide specific guidance that covers all eventualities, but the
following guidance should be considered when assessing a request for a DV.
Does the claimant have a medical condition that precludes them from
travelling to the MEC?
Has there been medical verification of the severity of the condition that
precludes them from attending for examination in the MEC?
Are there health and safety implications for a DV? e.g. the claimant or their
representative has UCB status identified
When considering these factors, you must ensure that there is medical confirmation
of the condition providing the reason why the claimant cannot travel on the grounds
of health. The request for a DV may come from a GP or other health care
professional involved in the claimant’s care. When assessing this request you
should consider:
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Whether the request is based on medical fact rather than opinion e.g. “My
patient has severe agoraphobia and cannot leave the house” rather than “I
feel my patient would benefit from an assessment at home” or “My patient
tells me they are unable to travel to the examination centre”
Does the request relate to the claimant’s medical problems rather than social
circumstances at home?
Does the information leading to the DV request suggest a severe level of
disability where Support Group advice may now be applicable?
In each case the evidence should be reviewed. At times it may be necessary to seek
further clarification from the author of the report to clarify the medical facts.
Information that may help support a DV request may be:
Diagnosis suggesting significant disability that may make travel
extremely difficult – e.g. incomplete quadriplegia where LCWRA status
cannot be established to allow Support Group inclusion without further
assessment
Evidence that the claimant receives home visits or telephone
consultations with their GP
Evidence that the claimant has home visits from the psychiatrist/CMHT
The HCP may also consider whether other options may be acceptable- for
example if travelling on public transport is the issue, could a taxi be
considered?
There are some circumstances where a DV may be authorised without the
need for FME. This may be due to practical or health and safety issues. For
example if the local MSC had no ground floor examination rooms and the
claimant is a wheelchair user, a DV could be authorised. Each case must be
considered carefully by the HCP taking into account all the information
available and health and safety issues.
In many cases, the HCP may wish to consult with an experienced colleague
when considering whether a DV is appropriate.
10.4 Practitioner type
In all cases where examination is required, you must advise on “practitioner type”.
All information in the current ESA 50 and the previous documents including the ESA
85/IB 85 must be scrutinised to ensure that no condition is present that requires
examination by a medical practitioner or a practitioner trained in neurological
assessment.
A list of conditions suitable for assessment by neurology trained nurses and
physiotherapists and those suitable for assessment only by a registered medical
practitioner is available on LiveLink under “Neurological Condition List by
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Practitioner Type”.
10.5 Miscellaneous ESA filework
From time to time the DM may send other types of filework referrals for advice. The
vast majority of these are done electronically. A clerical ESA 55 may be available,
but the advice request and response is usually given via MSRS. These are usually
dealt with by an experienced practitioner at CSD. As the advice offered will be
available online (MSRS), HCP s doing re-referral filework may also access this as
evidence.
Occasionally, the DM may submit a referral with a query concerning the diagnosed
cause of incapacity. The DM may need clarification as to what class of incapacity is
appropriate based on the IRG. The filework HCP should review the information
submitted and provide a response to the DM making it clear which IRG diagnosis is
clinically equivalent. The IRG is available on LiveLink.
For example;
DM query
Retinopathy. Not on IRG, please advise on equivalent category.
HCP response
Thanks for this referral. Retinopathy is an eye condition. Please consider using IRG
number 0788 (Eye, condition, disease or injury).
These referrals may also include advice cases following receipt of new evidence or
information by the DM after examination was done. The DM may seek clarification of
a specific issue prior to making a decision. This is separate from rework. The
majority of cases are reconsiderations with or without an appeal after the decision
has been made. The DM would usually have specific questions concerning the
impact of the new evidence or information on the original examination advice. The
role of the filework HCP is to evaluate all the available evidence, highlight the
evidence that underpins the advice offered, and give appropriate advice in response
to the question (s) raised. The replies should be in keeping with the consensus of
medical opinion.
The HCP can advise the DM in a number of ways:
Interpreting and explaining medical terminology in claim packs and
medical reports. This can include the nature of diagnoses, the use of
medication, the interpretation of clinical examination findings, the
significance of special investigations and the nature of surgical or other
treatments.
Giving advice of a general nature to the DM on the likely restrictions and
sequelae arising from specific physical or mental health conditions.
Identifying and explaining limitations, inconsistencies or contradictions in
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the evidence, and advising whether further evidence is likely to be useful.
Advising on response to treatment and prognosis of the disabling
condition (s).
Advising on prognosis in relation to descriptor choices.
For example;
Case 1
A 55-year-old woman with multiple medical problems including Angina, Arthritis and
Chronic Fatigue Syndrome states in her ESA50 that she cannot walk more than 100
metres because of fatigue, painful joints and back pain. She reports she has
problems with prolonged sitting/standing and climbing stairs.
She uses paracetamol and ibuprofen gel as analgesia. She appears not to be
attending any hospital specialist or clinic currently.
She has been assessed by a HCP who documents that she lives alone, apart from a
pet cat, in a house with stairs, where the toilet and bedroom is upstairs. She sleeps
well, rising without difficulty. She has a shower, standing in the bath without
difficulty for 15 minutes. She climbs into the bath using a stool. She cooks her own
meals and does all her own housework including vacuuming and changing bed, but
says everything takes her ages. She feeds and cares for the cat. She enjoys
watching TV including all the soaps the news and occasionally films. She reads a
good deal, mainly religious texts. She is involved with her local church; she visits
weekly for counselling, and attends services every Sunday, which she never misses.
She has been attending yoga classes weekly for the last year. Six weeks ago, she
started to attend swimming classes at the local pool with her friend from the yoga
class. Initially she found it very tiring but now spends 20 minutes in the pool doing a
few laps and stretches with her friend. She visits her mother once a week and also
sees friends from church. She says she is too stiff and sore to garden any more,
which she used to enjoy. She drives her own manual car and travelled 20 minutes
to examination centre without difficulty. No significant variability reported throughout
the week or during the day.
Findings at exam include:
Performed neck exam slowly but all movements at the neck were in the normal
range. She reported pain on moving the shoulders and declined further upper limb
examination due to reported discomfort. Started straight leg raise on the left leg but
stopped after about 20 degrees and reported legs heavy and felt discomfort in
thighs. Declined squat and rise as reported too weak and would be painful. When
asked to perform other lower limb examination of hips, knees and ankle, declined
due to reported pain and discomfort.
Sat up on couch with outstretched legs.
Blood pressure (sitting) 126/ 74. Not breathless at examination.
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Informal Observations:
Sat without obvious discomfort for 40 minutes in upright chair with knees and hips
bent to about 90 degrees.
Rose from chair using arms of chair to push self up.
Bent to pull step out from under examination couch, as well as to pick up handbag
from floor.
Used both hands to get medication and spectacles from the handbag. Reached up
to head with both hands to put on spectacles.
Got on the couch swinging both legs onto it without obvious difficulty. Used the step
to get on couch. Walked about 20 metres to the examination room with walking stick
and slight limp. Noted to walk around examination room without stick.
The advice following assessment was that none apply for all the physical descriptors
including: mobilise, sit/stand, picking up and moving, reaching, manual dexterity.
Following disallowance of ESA she submitted a report from a DLA assessment,
carried out 3 weeks after the WCA assessment.
In it she claimed that she could walk only 50 – 75 yards due to pain, breathlessness,
poor balance and co-ordination and that she dresses and bathes slowly, and
manages stairs with an effort. She does not report urinary or faecal incontinence at
all.
At assessment she was noted to walk using a stick and with a waddling gait and
stooped posture. She was able to demonstrate 30 degrees of SLR, restricted by
back and hip pain. She demonstrated spinal flexion to touch knees.
In this case the EMP offered the opinion that she could only walk 50 metres, very
slowly, before stopping and that she would benefit from support from another person
on uneven ground or hills .The EMP reported she is worse in the afternoons when
she is more fatigued, and that she was at increased risk of falls.
Model DM submission
WCA examination carried out on 01st November, zero points awarded for physical
descriptors. Has now appealed stating should be in mobilising Support Group.
“The descriptors on which I would welcome your advice are….
1. Mobility……
With her appeal she has enclosed a copy of DLA report dated 22nd November
(three weeks after the WCA assessment).She was awarded HR mobility and LR
care for life.
In the WCA assessment the HCP has advised that she should be able to mobilise
more than 200m and advised none apply for the mobilising descriptor. The EMP
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has advised that her mobility is severely restricted and that she would be able to
walk no more than 50m. I would be grateful if you could advise which of the 2
reports appear consistent in this area with her medical history.
In order for me to carry out reconsideration I would appreciate any comments you
are able to make on the 2 contemporaneous reports.
Model HCP response
Thank you for this referral. This 55 yr old lady was assessed separately by 2
approved Disability Analysts over a 21-day period, and as you have indicated, there
is marked inconsistency between the 2 reports.
Summary
In the WCA report, the HCP has taken a detailed history, identifying that the
principle restrictions reported are due to back pain and fatigue. However, the
activities of daily living reveal that she is able to manage quite an active lifestyle.
She drives a car, attends yoga and now goes to the pool every week. She does all
of her own housework. This suggests reasonable upper and lower limb function.
Formal clinical examination was limited by the claimant’s reported pain, discomfort
and weakness. However, detailed observations made by the HCP demonstrate a far
greater degree of functional ability than formal clinical findings suggest, and that
would be more in keeping with her typical day history.
In the DLA report, the examining doctor has taken a far less detailed history,
documenting only what the claimant reported directly and focussing on what she
reports she cannot do. The formal clinical findings appear more complete, and
seem to demonstrate substantial restriction of back and hip function. However, in
this report the examiner has failed to document any informal observations to validate
the formally demonstrated findings.
Medical Advice
The main disabling conditions are back and hip pain, and CFS. Given the level of
analgesia taken, the level of specialist involvement and the activities reported,
severe disability seems unlikely. Since the detailed history of activities and the
documented informal observations in the WCA report seem to support a level of
mobility well in excess of that identified in the DLA report, the WCA seems to be the
more sustainable opinion.
Case 2
A 19 year old lady with learning difficulties who attended the examination alone. The
ESA 50 was completed by the social worker and had indicated problems by ticking
“it varies” with all mental function descriptors except appropriateness of behaviour
(no problem). She reports that the claimant can be shy and does not always speak
up. Now living in supported accommodation and attends a Life Skills course at
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College.
At assessment, the claimant stated she came to the centre alone and got the bus
there. The supported house is only 5 minutes away. She reported that she usually
manages to wash and dress herself alone every day and cooks meals. She does not
like doing housework, but has to do tidying duties in the house. The support workers
always encourage them to do the tidying up. She indicated that she likes to go to the
shop alone for things to eat and to get sweets. She goes to the supermarket with the
support worker and two of the other residents. The support worker drives them
there. Gets picked up by the college bus and attends a Life Skills course 4 days a
week. She likes to be with her other friends from college and they chat and play
games on the computer most afternoons. On Thursdays she goes to a charity shop
where she helps with unpacking items. There is a nice lady at the shop who looks
after her there and stays with her whole day. She wants to work in the shop at the
counter with the customers and use the computer at the counter to sell items.
Exam Findings
Alert at exam. Dressed casually in clean clothing. Smiled a lot during the exam.
Appeared friendly and gave answers to all questions with no prompting. Was fiddling
fingers throughout the exam. Knew the day of week and the city but did not
remember the exact date. Was unable to make change £1-75 p. Able to register 3
items but only able to recall 2 after 5 minutes and three attempts. Adequate
concentration. Not anxious.
The advice following assessment was none apply for all the mental health
descriptors.
Following disallowance of ESA, the social worker sent a letter seeking
reconsideration. She also sent a supporting letter from the learning disability nurse
at the college. In the letter the social worker stated that the claimant tends to
overstate her abilities and although very proud of living away from elderly parents
now, she receives lots of support at the house. The support workers are currently
teaching “dressing skills” at the home and at the college as the claimant continues to
be unreliable when performing all the activities on her. The social worker indicates
that the claimant still often “gets it wrong” for example choosing summer clothes on
a cold winter day. She likes colourful clothing preferring orange and green and
would not want to change clothes at times when wearing these colours. Every few
days she has to be reminded to get washed and dressed appropriately and although
she makes snacks in the kitchen she has difficulties with doing simple meals as
cannot tell when things are cooked properly and has also set the pans on fire. She
now knows not to use cooker unless the support and activity workers are in the
kitchen. The support worker also prompts the residents to clean up the house. The
claimant is only able to go to the local shops as she has had travel training for this
route which is less than 200 metres from the house. She is unable to go to the
supermarket just over 1 kilometre away as she gets lost and would cry and get very
upset. She was only able to come to the MEC alone as she was prepared for the
journey over the 4 weeks prior to the assessment and it is only 5 stops from the
home. The support worker actually shadowed her for a few practice trips.
The letter from the learning disability nurse stated that the claimant is now practising
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lots of life skills but is slow at taking up activities. The nurse is concerned that the
claimant may have overstated her ability as she tends to give the answers she
thinks the person wants to hear and is somewhat vulnerable. All computing activity
is supervised and the programme that the claimant plays games on is set up and
loaded for her to use with her classmate. When the system had a glitch a few weeks
ago, the programme stopped working and she became extremely distressed as she
could not reload the game. The activity worker calmed the situation and reloaded
the programme which just required clicking on one icon. A part of the college
activities involves planning travel training, however; despite this the claimant found it
difficult to manage the trip from the house to the college which is 15 minutes away
by bus. She became upset when the bus was crowded and felt really lost when the
bus got past the usual supermarket. The shop work is part of the supported work in
a charity shop the college uses as part of the Life Skills programme. All the
claimant’s activities there are supervised and she has the main task of packing away
two sets of items on the stock shelves. Recently, when the colour of the packaging
of the items was changed she became very upset and had to be calmed down. She
had to leave the shop for the remainder of the day.
DM submission
WCA exam carried out on 04th January. No points advised for initiating personal
action, going out and coping with change. The social worker letter and the letter
from the nurse are casting some doubt now. Kindly advise if this new information is
likely to alter the advice. I have already reconsidered the learning tasks and coping
with change descriptors. The other descriptors I am concerned about are personal
action and going out.
Model HCP response
Thanks for your referral.
The WCA report has provided some information on the activities undertaken.
However, the claimant seems to be somewhat vulnerable and overstated her
abilities. Given the additional information from the social worker and the nurse about
reliability of information given at exam, there are some issues with the descriptors in
question. The reliability in personal activities such as dressing appears to be under
assessed in this case as frequent prompting is a feature. She appears to only
manage very familiar routes and managed to come to the MEC which is close to the
house after travel training and preparation. The difficulties with travel are further
supported by the letter from the nurse.
Advice
The main disabling condition is learning disability. The claimant is attending a Life
Skills course at College. The additional information suggests that although
participates in dressing activities this is with frequent prompting. Although able to
travel to very familiar locations with travel training, she is unable to manage
unfamiliar locations unaccompanied.
You may wish to consider IA(c) and GA(c).
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11. Medical Quality
11.1 Audit
Prior to approval, all filework is audited. Subsequent filework may be subject to
audit at anytime. The quality of medical advice provided by approved HCPs on
ESA filework will be assessed against defined quality standards. Further details
are available.
It is important to note that sufficient justification for the advice given must be
provided by the filework HCP in all cases where the advice is not to call the
claimant for examination or request FME.
The quality of the medical advice on ESA filework will be reviewed on the basis of
the evidence which was available to the HCP at the time the advice was
provided.
In general terms, advice must be:
In keeping with the consensus of medical opinion on the expected level
of disability from the underlying medical condition(s) present
and
Justified in a manner which a decision maker will understand and will
withstand medical peer review.
11.2 Amending filework reports
If a case has been audited and the HCP wishes to make amendments to a report,
this can be done through MSRS. The HCP can make any necessary
amendments to the report, review the details carefully, and then complete the
case. Please refer to the LiMA ESA Filework technical guide for specific
instructions about audit amendment if required.
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Appendix A - Revised WCA 2011 Support Group
Functional Categories
Activity Descriptors
1. Mobilising unaided by another
Cannot either:
person with or without a walking stick,
(i) mobilise more than 50 metres on level ground without
manual wheelchair or other aid if such
stopping in order to avoid significant discomfort or
aid can reasonably be used.
exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable
timescale because of significant discomfort or exhaustion.
2. Transferring from one seated
Cannot move between one seated position and another
position to another.
seated position located next to one another without receiving
physical assistance from another person.
3. Reaching.
Cannot raise either arm as if to put
something in the top pocket of a coat or
jacket.
4. Picking up and moving or
Cannot pick up and move 0.5 litre carton
transferring by the use of the upper
full of liquid.
body and arms (excluding standing,
sitting, bending or kneeling and all
other activities specified in this
Schedule).
5. Manual dexterity.
Cannot either -
(a) press a button, such as a telephone keypad or;
(b) turn the pages of a book
with either hand.
6. Making self understood through
Cannot convey a simple message, such as the presence of
speaking, writing, typing, or other
a hazard.
means normally used.
7. Understanding communication by
Cannot understand a simple message due to sensory
hearing, lip reading, reading 16 point
impairment, such as the location of a fire escape.
print or using any aid if reasonably
used.
8. Absence or loss of control over
At least once a week experiences
extensive evacuation of the bowel
and/or voiding of the bladder, other
(i) loss of control leading to extensive evacuation of the
than enuresis (bed-wetting), despite
bowel and/or voiding of the bladder; or
the presence of any aids or
(ii) substantial leakage of the contents of a collecting device;
adaptations normally used.
sufficient to require the individual to clean themselves and
change clothing
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Activity Descriptors
9. Learning tasks.
Cannot learn how to complete a simple task, such as setting
an alarm clock, due to cognitive impairment or mental
disorder.
10. Awareness of hazard.
Reduced awareness of everyday hazards, due to cognitive
impairment or mental disorder, 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.
11. Initiating and completing personal
Cannot, due to impaired mental function, reliably initiate or
action (which means planning,
complete at least 2 sequential personal actions.
organisation, problem solving,
prioritising or switching tasks).
12. Coping with change
Cannot cope with any change, due to cognitive impairment
or mental disorder, to the extent that day to day life cannot
be managed.
13. Coping with social engagement,
Engagement in social contact is always precluded due to
due to cognitive impairment or mental
difficulty relating to others or significant distress experienced
disorder
by the individual.
14. Appropriateness of behaviour with
Has, on a daily basis, uncontrollable episodes of aggressive
other people, due to cognitive
or disinhibited behaviour that would be unreasonable in any
impairment or mental disorder
workplace.
15. Conveying food or drink to the
(a) Cannot convey food or drink to the claimant’s own mouth
mouth.
without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth
without repeatedly stopping, experiencing breathlessness or
severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth
without receiving regular prompting given by someone else
in the claimant’s physical presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to
convey food or drink to the claimant’s own mouth without
receiving—
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the
claimant’s presence.
16. Chewing or swallowing food or (a) Cannot chew or swallow food or drink;
drink.
(b) Cannot chew or swallow food or drink without repeatedly
stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly
receiving regular prompting given by someone else in the
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claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails
to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting
given by someone else in the claimant’s presence.
Support Group Criteria – Special Circumstances
The following is a list of the other circumstances that may result in a claimant
being treated as having limited capability for work-related activity:
1. “The claimant is terminally ill”
2. “Where the claimant is a woman, she is pregnant and there is a serious risk of
damage to her health or to the health of her unborn child if she does not refrain
from work-related activity”.
3. “A claimant who does not have limited activity for work related activity as
determined in accordance with regulation 34 (1)” (Support Group Descriptors) “is
to be treated as having limited capability for work related activity if -
(a) The claimant “suffers from some specific disease or bodily or mental
disablement and;
(b) by reasons of such disease or disablement, there would be a substantial
risk to the mental or physical health of any person if he were found not to
have limited capability for work-related activity”;
4. The claimant is receiving treatment by way of intravenous, intraperitoneal, or
intrathecal, chemotherapy or recovering from that treatment or is likely to receive
such treatment within 6 months of the date of the determination of capability for
work will be treated as having limited capability for work related activity
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Appendix B - Revised WCA 2011 LCW
Descriptors
Physical Function Descriptors
Activity
Descriptors
Points
1. Mobilising unaided by
Wa
Cannot either
15
another person with or
without a walking stick,
(i) mobilise more than 50 metres on level ground
manual wheelchair or
without stopping in order to avoid significant
other aid if such aid can
discomfort or exhaustion
reasonably be used
or
(ii) repeatedly mobilise 50 metres within a
reasonable timescale because of significant
discomfort or exhaustion.
Wb
Cannot mount or descend two steps unaided by
9
another person even with the support of a
handrail.
Wc
Cannot
either
9
(i) mobilise more than 100 metres on level ground
without stopping in order to avoid significant discomfort
or exhaustion
or
(ii) repeatedly mobilise 100 metres within a reasonable
timescale because of significant discomfort or
exhaustion.
Wd
Cannot
either
6
(i) mobilise more than 200 metres on level ground
without stopping in order to avoid significant discomfort
or exhaustion
or
(ii) repeatedly mobilise 200 metres within a reasonable
timescale because of significant discomfort or
exhaustion.
We
None of the above apply.
0
2. Standing and sitting
Sa
Cannot move between one seated position and
15
another seated position located next to one
another without receiving physical assistance from
another person.
Sb
Cannot, for the majority of the time, remain at a work
9
station, either:
(i) standing unassisted by another person (even if free
to move around) or;
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Points
(ii) sitting (even in an adjustable chair)
for more than 30 minutes, before needing to move
away in order to avoid significant discomfort or
exhaustion.
Sc
Cannot, for the majority of the time, remain at a work
6
station, either:
(i) standing unassisted by another person (even if free
to move around) or;
(ii) sitting (even in an adjustable chair)
for more than an hour before needing to move away in
order to avoid significant discomfort or exhaustion.
Sd
None of the above apply
0
3. Reaching
Ra
Cannot raise either arm as if to put something in
15
the top pocket of a coat or jacket.
Rb
Cannot raise either arm to top of head as if to put on a
9
hat.
Rc
Cannot raise either arm above head height as if to
6
reach for something.
Rd
None of the above apply.
0
4. Picking up and moving
Pa
Cannot pick up and move a 0.5 litre carton full of
15
or transferring by the use
liquid.
of the upper body and
arms
Pb
Cannot pick up and move a one litre carton full of
9
liquid.
Pc
Cannot transfer a light but bulky object such as an
6
empty cardboard box.
Pd
None of the above apply.
0
5. Manual dexterity
Ma
Cannot either:
15
(i) press a button, such as a telephone keypad
or
(ii) turn the pages of a book
with either hand.
Mb
Cannot pick up a £1 coin or equivalent with either
15
hand.
Mc
Cannot use a pen or pencil to make a meaningful
9
mark.
Md
Cannot use a suitable keyboard or mouse.
9
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Points
Me
None of the above apply.
0
6. Making self understood
SPa
Cannot convey a simple message, such as the
15
through speaking, writing,
presence of a hazard.
typing, or other means
normally used; unaided
by another person
SPb
Has significant difficulty conveying a simple message
15
to strangers.
SPc
Has some difficulty conveying a simple message to
6
strangers.
SPd
None of the above apply.
0
7. Understanding
Ha
Cannot understand a simple message due to
15
communication by both
sensory impairment, such as the location of a fire
verbal means (such as
escape.
hearing or lip reading)
and non-verbal means
(such as reading 16 point
print) using any aid it is
reasonable to expect
them to use; unaided by
another person
Hb
Has significant difficulty understanding a simple
15
message from a stranger due to sensory impairment.
Hc
Has some difficulty understanding a simple message
6
from a stranger due to sensory impairment.
Hd
None of the above apply.
0
8. Navigation and
Va
Unable to navigate around familiar surroundings,
15
maintaining safety, using
without being accompanied by another person, due to
a guide dog or other aid if
sensory impairment.
normally used
Vb
Cannot safely complete a potentially hazardous task
15
such as crossing the road, without being accompanied
by another person, due to sensory impairment.
Vc
Unable to navigate around unfamiliar surroundings,
9
without being accompanied by another person, due to
sensory impairment.
Vd
None of the above apply.
0
9. Absence or loss of
Ca
At least once a month experiences
15
control leading to
extensive evacuation of
(i) loss of control leading to extensive evacuation of the
the bowel and/or bladder,
bowel and/or voiding of the bladder; or
other than enuresis (bed-
(ii) substantial leakage of the contents of a collecting
wetting) despite the
device;
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presence of any aids or
adaptations normally
sufficient to require the individual to clean themselves
used
and change clothing.
Cb
At risk of loss of control leading to extensive
6
evacuation of the bowel and/or voiding of the bladder,
sufficient to require cleaning and a change in clothing,
if not able to reach a toilet quickly.
Cc
None of the above apply.
0
10. Consciousness during Fa
At least once a week, has an involuntary episode of
15
waking moments
lost or altered consciousness, resulting in significantly
disrupted awareness or concentration.
Fb
At least once a month, has an involuntary episode of
6
lost or altered consciousness, resulting in significantly
disrupted awareness or concentration.
Mental Function Descriptors
Activity
Descriptors
Points
11. Learning tasks
LTa
Cannot learn how to complete a simple task, such
15
as setting an alarm clock.
LTb
Cannot learn anything beyond a simple task, such as
9
setting an alarm clock.
LTc
Cannot learn anything beyond a moderately complex
6
task, such as the steps involved in operating a washing
machine to clean clothes.
LTd
None of the above apply.
0
12. Awareness of
AHa
Reduced awareness of everyday hazards leads to a 15
everyday hazards (such
significant risk of:
as boiling water or sharp
objects)
(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.
AHb
Reduced awareness of everyday hazards leads to a
9
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.
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Points
AHc
Reduced awareness of everyday hazards leads to a
6
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.
AHd
None of the above apply.
0
13. Initiating and
IAa
Cannot, due to impaired mental function, reliably
15
completing personal
initiate or complete at least 2 sequential personal
action (which means
actions.
planning, organisation,
problem solving,
prioritising or switching
tasks)
IAb
Cannot, due to impaired mental function, reliably
9
initiate or complete at least 2 personal actions for the
majority of the time.
IAc
Frequently cannot, due to impaired mental function,
6
reliably initiate or complete at least 2 personal actions.
IAd
None of the above apply.
0
14. Coping with change
CCa
Cannot cope with any change to the extent that
15
day to day life cannot be managed.
CCb
Cannot cope with minor planned change (such as a
9
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.
CCc
Cannot cope with minor unplanned change (such as
6
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.
CCd
None of the above apply.
0
15. Getting about
GAa
Cannot get to any specified place with which the
15
claimant is familiar.
GAb
Is unable to get to a specified place with which the
9
claimant is familiar, without being accompanied by
another person.
GAc
Is unable to get to a specified place with which the
6
claimant is unfamiliar without being accompanied by
another person.
GAe
None of the above apply.
0
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Points
16. Coping with social
CSa
Engagement in social contact is always precluded
15
engagement due to
due to difficulty relating to others or significant
cognitive impairment or
distress experienced by the individual.
mental disorder
CSb
Engagement in social contact with someone unfamiliar
9
to the claimant is always precluded due to difficulty
relating to others or significant distress experienced by
the individual.
CSc
Engagement in social contact with someone unfamiliar
6
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.
CSd
None of the above apply.
0
17. Appropriateness of
IBa
Has, on a daily basis, uncontrollable episodes of
15
behaviour with other
aggressive or disinhibited behaviour that would be
people, due to cognitive
unreasonable in any workplace.
impairment or mental
disorder
IBb
Frequently has uncontrollable episodes of aggressive
15
or disinhibited behaviour that would be unreasonable
in any workplace.
IBc
Occasionally has uncontrollable episodes of
9
aggressive or disinhibited behaviour that would be
unreasonable in any workplace.
IBd
None of the above apply.
0
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Appendix C - ESA 2008 Functional Support
Group Categories
Activity Descriptors
1. Walking or moving on level ground.
Cannot—
(a) walk (with a walking stick or other aid if such aid
is normally used);
(b) move (with the aid of crutches if crutches are
normally used); or
(c) manually propel his wheelchair;
more than 30 metres without repeatedly stopping,
experiencing breathlessness or severe discomfort.
2. Rising from sitting and transferring from
Cannot complete both of the following—
one seated position to another.
(a) rise to standing from sitting in an upright chair
without receiving physical assistance from someone
else; and
(b) move between one seated position and another
seated position located next to one another without
receiving physical assistance from someone else
3. Picking up and moving or transferring by
Cannot pick up and move 0.5 litre carton full of liquid
the use of the upper body and arms
with either hand.
(excluding standing, sitting, bending or
kneeling and all other activities specified in
this Schedule).
4. Reaching.
Cannot raise either arm as if to put something in the
top pocket of a coat or jacket.
5. Manual dexterity.
Cannot—
(a) turn a “star-headed” sink tap with either hand; or
(b) pick up a £1 coin or equivalent with either hand.
6. Continence—
(a) Has no voluntary control over the evacuation of
(a) Continence other than enuresis (bed
the bowel;
wetting) where claimant does not have an
(b) Has no voluntary control over the voiding of
artificial stoma or urinary collecting device
bladder;
(c)At least once a week, loses control of bowels so
that the claimant cannot control the full evacuation of
the bowel;
(d) At least once a week loses control of bladder so
that the claimant cannot control the full voiding of the
bladder;
(e) At least once a week fails to control full
evacuation of the bowel, owing to a severe disorder
of mood or behaviour; or
(f) At least once a week fails to control full voiding of
the bladder, owing to a severe disorder of mood or
behaviour.
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(b) Continence where claimant uses a urinary
(a) Is unable to affix, remove or empty the catheter
collecting device, worn for the majority of the
bag or other collecting device without receiving
time including an indwelling urethral or
physical assistance from another person;
suprapubic catheter
(b) Is unable to affix, remove or empty the catheter
bag or other collecting device without causing
leakage of contents;
(c) Has no voluntary control over bowel evacuation;
(d) At least once a week loses control of bowels so
that the claimant cannot control the full evacuation of
the bowel; or
(e) At least once a week fails to control full
evacuation of the bowel, owing to a severe disorder
of mood or behaviour.
(a) Is unable to affix, remove or empty stoma
appliance without receiving physical assistance from
another person;
(b) Is unable to affix, remove or empty stoma
(c) Continence other than enuresis (bed
appliance without causing leakage of contents;
wetting) where claimant has an artificial
(c) Where the claimant’s artificial stoma relates
stoma appliance
solely to the evacuation of the bowel, has no
voluntary control over voiding of bladder;
(d) Where the claimant’s artificial stoma relates
solely to the evacuation of the bowel, at least once a
week loses control of the bladder so that the
claimant cannot control the full voiding of the
bladder; or
(e) Where the claimant’s artificial stoma relates
solely to the evacuation of the bowel, at least once a
week, fails to control the full voiding of the bladder,
owing to a severe disorder of mood or behaviour.
7. Maintaining personal hygiene
(a) Cannot clean own torso (excluding own back)
without receiving physical assistance from someone
else;
(b) Cannot clean own torso (excluding back) without
repeatedly stopping, experiencing breathlessness or
severe discomfort;
(c) Cannot clean own torso (excluding back) without
receiving regular prompting given by someone else
in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour,
fails to clean own torso (excluding own back) without
receiving—
(i) physical assistance from someone else, or
(ii) regular prompting given by someone else in the
claimant’s presence.
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8. Eating and drinking
(a) Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s
own mouth without receiving physical assistance
from someone else;
(b) Cannot convey food or drink to the claimant’s
own mouth without repeatedly stopping,
experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s
own his mouth without receiving regular prompting
given by someone else in the claimant’s physical
presence; or
(d) Owing to a severe disorder of mood or behaviour,
fails to convey food or drink to the claimants own
mouth without receiving—
(i) physical assistance from someone else, or
(ii) regular prompting given by someone else in the
claimant’s presence.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without
repeatedly stopping, experiencing breathlessness or
(b) Chewing or swallowing food or drink
severe discomfort;
(c) Cannot chew or swallow food or drink without
repeatedly receiving regular prompting given by
someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour,
fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular
prompting given by someone else in the claimant’s
presence.
9. Learning or comprehension in the
(a) Cannot learn or understand how to successfully
completion of tasks
complete a simple task, such as the preparation of a
hot drink, at all;
(b) Needs to witness a demonstration, given more
than once on the same occasion of how to carry out
a simple task before the claimant is able to learn or
understand how to complete the task successfully,
but would be unable to successfully complete the
task the following day without receiving a further
demonstration of how to complete it;
or
(c) Fails to do any of the matters referred to in (a) or
(b) owing to a severe disorder of mood or behaviour.
10. Personal action
(a) Cannot initiate or sustain any personal action
(which involves planning, organisation, problem
solving, prioritising or switching tasks);
(b) Cannot initiate or sustain personal action without
requiring daily verbal prompting given by someone
else in the claimant’s presence; or
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(c) Fails to initiate or sustain basic personal action
without requiring daily verbal prompting given by
someone else in the claimant’s presence, owing to a
severe disorder of mood or behaviour.
11. Communication
(a) none of the following forms of communication can
be achieved by the claimant—
(i) speaking (to a standard that may be understood
by strangers);
(ii) writing (to a standard that may be understood by
strangers);
(iii) typing (to a standard that may be understood by
strangers)
(iv) sign language to a standard equivalent to Level 3
British Sign Language;
(b) none of the forms of communication referred to in
(a) are achieved by the claimant, owing to a severe
disorder of mood or behaviour;
(c) Misinterprets verbal or non-verbal communication
to the extent of causing distress to himself or herself
on a daily basis; or
(d) Effectively cannot make himself or herself
understood to others because of his disassociation
from reality owing to a severe disorder of mood or
behaviour.
Support Group Criteria – Special Circumstances
The following is a list of the other circumstances that may result in a claimant being
treated as having limited capability for work-related activity:
“The claimant is terminally ill”
The claimant is a woman, she is pregnant and there is a serious risk of
damage to her health or to the health of her unborn child if she does not
refrain from work-related activity”.
“A claimant who does not have limited activity for work related activity
as determined in accordance with regulation 34 (1)” (Support Group
Descriptors) “is to be treated as having limited capability for work related
activity if -
o The claimant “suffers from some specific disease or bodily or
mental disablement and;
o by reasons of such disease or disablement, there would be a
substantial risk to the mental or physical health of any person if
he were found not to have limited capability for work-related
activity”;
People receiving intravenous, intraperitoneal, or intrathecal,
chemotherapy (for whatever reason) will be treated as having limited
capability for work related activity (i.e. in the support group), while they
are receiving treatment and during a subsequent “period of recovery”.
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Appendix D - ESA 2008 LCW Descriptors
Physical Function Descriptors
Activity
Descriptors
Points
1. Walking with a walking
Wa
Cannot walk at all.
15
stick or other aid if such aid is
normally used.
Wb
Cannot walk more than 50 metres on level ground
15
without repeatedly stopping or severe discomfort.
Wc
Cannot walk up or down two steps even with the
15
support of a handrail.
Wd
Cannot walk more than 100 metres on level ground
9
without stopping or severe discomfort.
We
Cannot walk more than 200 metres on level ground
6
without stopping or severe discomfort.
Wf
None of the above apply.
0
2. Standing and sitting.
Sa
Cannot stand for more than 10 minutes, unassisted
15
by another person, even if free to move around,
before needing to sit down.
Sb
Cannot sit in a chair with a high back and no arms
15
for more than 10 minutes before needing to move
from the chair because the degree of discomfort
experienced makes it impossible to continue sitting.
Sc
Cannot rise to standing from sitting in an upright
15
chair without physical assistance from another
person.
Sd
Cannot move between one seated position and
15
another seated position located next to one another
without receiving physical assistance from another
person.
Se
Cannot stand for more than 30 minutes, even if free
6
to move around, before needing to sit down.
Sf
Cannot sit in a chair with a high back and no arms
6
for more than 30 minutes without needing to move
from the chair because the degree of discomfort
makes it impossible to continue sitting.
Sg
None of the above apply.
0
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Points
3. Bending or kneeling.
Ba
Cannot bend to touch knees and straighten up
15
again.
Bb
Cannot bend, kneel or squat, as if to pick a light
9
object, such as a piece of paper, situated 15cm
from the floor on a low shelf, and to move it and
straighten up again without the help of another
person.
Bc
Cannot bend, kneel or squat, as if to pick a light
6
object off the floor and straighten up again without
the help of another person.
Bd
None of the above apply.
0
4. Reaching.
Ra
Cannot raise either arm as if to put something in the
15
top pocket of a coat or jacket.
Rb
Cannot put either arm behind back as if to put on a
15
coat or jacket.
Rc
Cannot raise either arm to top of head as if to put
9
on a hat.
Rd
Cannot raise either arm above head height as if to
6
reach for something.
Re
None of the above apply.
0
5. Picking up and moving or
Pa
Cannot pick up and move a 0.5 litre carton full of
15
transferring by the use of the
liquid with either hand.
upper body and arms
Pb
Cannot pick up and move a one litre carton full of
9
liquid with either hand.
Pc
Cannot pick up and move a light but bulky object
6
such as an empty cardboard box, requiring the use
of both hands together.
Pd
None of the above apply.
0
6. Manual dexterity.
Ma
Cannot turn a “star-headed” sink tap with either
15
hand.
Mb
Cannot pick up a £1 coin or equivalent with either
15
hand.
Mc
Cannot turn the pages of a book with either hand.
15
Md
Cannot physically use a pen or pencil.
9
Me
Cannot physically use a conventional keyboard or
9
mouse.
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Activity
Descriptors
Points
Mf
Cannot do up / undo small buttons, such as shirt or
9
blouse buttons.
Mg
Cannot turn a “star-headed” sink tap with one hand
6
but can with the other.
Mh
Cannot pick up a £1 coin or equivalent with one
6
hand but can with the other.
Cannot pour from an open 0.5 litre carton full of
6
Mi
liquid.
Mj
None of the above apply.
0
7. Speech.
SPa
Cannot speak at all.
15
SPb
Speech cannot be understood by strangers.
15
SPc
Strangers have great difficulty understanding
9
speech.
SPd
Strangers have some difficulty understanding
6
speech.
SPe
None of the above apply.
0
8. Hearing with a hearing aid
Ha
Cannot hear at all.
15
or other aid if normally worn
Hb
Cannot hear well enough to be able to hear
15
someone talking in a loud voice in a quiet room,
sufficiently clearly to distinguish the words being
spoken.
Hc
Cannot hear someone talking in a normal voice in a
9
quiet room, sufficiently clearly to distinguish the
words being spoken.
Hd
Cannot hear someone talking in a loud voice in a
6
busy street, sufficiently clearly to distinguish the
words being spoken.
He
None of the above apply.
0
9. Vision including visual
Va
Cannot see at all.
15
acuity and visual fields, in
normal daylight or bright
electric light, with glasses or
other aid to vision if such aid
is normally worn.
Vb
Cannot see well enough to read 16 point print at a
15
distance of greater than 20cm.
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Points
Vc
Has 50% or greater reduction of visual fields.
15
Vd
Cannot see well enough to recognise a friend at a
9
distance of at least 5 metres.
Ve
Has 25% or more but less than 50% reduction of
6
visual fields.
Vf
Cannot see well enough to recognise a friend at a
6
distance of at least 15 metres.
Vg
None of the above apply.
0
10 (a) Continence other than
Ca
Has no voluntary control of the evacuation of the
15
enuresis (bed wetting) where
bowel.
the person does not have an
artificial stoma or urinary
collecting device.
Cb
Has no voluntary control of the voiding of the
15
bladder.
Cc
At least once a month loses control of bowels so
15
that the person cannot control the full evacuation of
the bowel.
Cd
At least once a week loses control of bladder so
15
that the person cannot control the full voiding of the
bladder.
Ce
Occasionally loses control of bowels so that the
9
person cannot control the full evacuation of the
bowel.
Cf
At least once a month loses control of bladder so
6
that the person cannot control the full voiding of the
bladder.
Cg
Risks losing control of bowels or bladder so that the
6
person cannot control the full evacuation of the
bowel or the full voiding of the bladder if not able to
reach a toilet quickly.
Ch
None of the above apply.
0
10(b) Continence where the
CUa
Is unable to affix, remove or empty the catheter bag
15
person uses a urinary
or other collecting device without receiving physical
collecting device, worn for the
assistance from another person.
majority of the time including
an indwelling urethral or
suprapubic catheter.
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Activity
Descriptors
Points
CUb
Is unable to affix, remove or empty the catheter bag
15
or other collecting device without causing leakage
of contents.
CUc
Has no voluntary control over the evacuation of the
15
bowel.
CUd
At least once a month loses control of bowels so
15
that the person cannot control the full evacuation of
the bowel.
CUe
Occasionally loses control of bowels so that the
9
person cannot control the full evacuation of the
bowel.
Risks losing control of the bowels so that the
6
CUf
person cannot control the full evacuation of the
bowel if not able to reach a toilet quickly.
CUg
None of the above apply.
0
10(c) Continence other than
CBa
Is unable to affix, remove or empty stoma appliance
15
enuresis (bed wetting) where
without receiving physical assistance from another
the person has an artificial
person.
stoma.
CBb
Is unable to affix, remove or empty stoma appliance
15
without causing leakage of contents.
CBc
Where the person’s artificial stoma relates solely to
15
the evacuation of the bowel, at least once a week,
loses control of bladder so that the person cannot
control the full voiding of the bladder.
Where the person’s artificial stoma relates solely to
9
CBd
the evacuation of the bowel, at least once a month,
loses control of bladder so that the person cannot
control the full voiding of the bladder.
CBe
Where the person’s artificial stoma relates solely to
6
the evacuation of the bowel, risks losing control of
the bladder so that the person cannot control the
full voiding of the bladder if not able to reach a toilet
quickly.
CBf
None of the above apply.
0
11. Remaining conscious
Fa
At least once a week, has an involuntary episode of
15
during waking moments.
lost or altered consciousness, resulting in
significantly disrupted awareness or concentration.
Fb
At least once a month, has an involuntary episode
9
of lost or altered consciousness, resulting in
significantly disrupted awareness or concentration.
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Activity
Descriptors
Points
Fc
At least twice in the six months immediately
6
preceding the assessment, has had an involuntary
episode of lost or altered consciousness, resulting
in significantly disrupted awareness or
concentration.
Fd
None of the above apply.
0
Mental Function Descriptors
Activity
Descriptors
Points
12. Learning or
Cannot learn or understand how to successfully
comprehension in the
LTa
complete a simple task, such as setting an alarm
15
completion of tasks.
clock, at all.
LTb
Needs to witness a demonstration, given more than
15
once on the same occasion, of how to carry out a
simple task before the person is able to learn or
understand how to complete the task successfully,
but would be unable to successfully complete the
task the following day without receiving a further
demonstration of how to complete it.
LTc
Needs to witness a demonstration of how to carry
9
out a simple task, before the person is able to learn
or understand how to complete the task
successfully, but would be unable to successfully
complete the task the following day without
receiving a verbal prompt from another person.
LTd
Needs to witness a demonstration of how to carry
9
out a moderately complex task, such as the steps
involved in operating a washing machine to
correctly clean clothes, before the person is able to
learn or understand how to complete the task
successfully, but would be unable to successfully
complete the task the following day without
receiving a verbal prompt from another person.
LTe
Needs verbal instructions as to how to carry out a
6
simple task before the person is able to learn or
understand how to complete the task successfully,
but would be unable, within a period of less than
one week, to successfully complete the task without
receiving a verbal prompt from another person.
LTf
None of the above apply.
0
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Activity
Descriptors
Points
13. Awareness of hazard.
Aha
Reduced awareness of the risks of everyday
15
hazards (such as boiling water or sharp objects)
would lead to daily instances of or to near-
avoidance of:
(i) injury to self or others; or
(ii) significant damage to property or possessions,
to such an extent that overall day to day life cannot
successfully be managed.
AHb
Reduced awareness of the risks of everyday
9
hazards would lead for the majority of the time to
instances of or to near-avoidance of:
(i) injury to self or others; or
(ii) significant damage to property or possessions,
to such an extent that overall day to day life cannot
successfully be managed without supervision from
another person.
AHc
Reduced awareness of the risks of everyday
6
hazards has led or would lead to frequent instances
of or to near-avoidance of:
(i) injury to self or others; or
(ii) significant damage to property or possessions,
but not to such an extent that overall day to day life
cannot be managed when such incidents occur.
AHd
None of the above apply
0
14. Memory and
MCa
On a daily basis, forgets or loses concentration to
15
concentration.
such an extent that overall day to day life cannot be
successfully managed without receiving verbal
prompting, given by someone else in the person’s
presence.
MCb
For the majority of the time, forgets or loses
9
concentration to such an extent that overall day to
day life cannot be successfully managed without
receiving verbal prompting, given by someone else
in the claimant’s presence.
MCc
Frequently forgets or loses concentration to such an
6
extent that overall day to day life can only be
successfully managed with pre-planning, such as
making a daily written list of all tasks forming part of
daily life that are to be completed.
MCd
None of the above apply.
0
15. Execution of tasks.
ETa
Is unable to successfully complete any everyday
15
task.
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Activity
Descriptors
Points
ETb
Takes more than twice the length of time it would
15
take a person without any form of mental
disablement, to successfully complete an everyday
task with which the claimant is familiar.
ETc
Takes more than one and a half times but no more
9
than twice the length of time it would take a person
without any form of mental disablement to
successfully complete an everyday task with which
the claimant is familiar.
ETd
Takes one and a half times the length of time it
6
would take a person without any form of mental
disablement to successfully complete an everyday
task with which the claimant is familiar.
ETe
None of the above apply,
0
16. Initiating and sustaining
IAa
Cannot, due to cognitive impairment or due to a
15
personal action.
severe disorder of mood or behaviour, initiate or
sustain any personal action (which means planning,
organisation, problem solving, prioritising or
switching tasks).
IAb
Cannot, due to cognitive impairment or due to a
15
severe disorder of mood or behaviour, initiate or
sustain personal action without requiring daily
verbal prompting given by another person in the
person’s presence.
IAc
Cannot, due to cognitive impairment or due to a
9
severe disorder of mood or behaviour, initiate or
sustain personal action without requiring verbal
prompting given by another person in the person’s
presence for the majority of the time.
IAd
Cannot, due to cognitive impairment or due to a
6
severe disorder of mood or behaviour, initiate or
sustain personal action without requiring frequent
verbal prompting given by another person in the
person’s presence.
IAe
None of the above apply.
0
17. Coping with change.
CCa
Cannot cope with very minor, expected changes in
15
routine, to the extent that overall day to day life
cannot be managed.
CCb
Cannot cope with expected changes in routine
9
(such as a pre-arranged permanent change to the
routine time scheduled for a lunch break), to the
extent that overall day to day life is made
significantly more difficult.
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Activity
Descriptors
Points
CCc
Cannot cope with minor, unforeseen changes in
6
routine (such as an unexpected change of 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.
CCd
None of the above apply.
0
18. Getting about.
GAa
Cannot get to any specified place with which the
15
person is, or would be, familiar.
Gab
Is unable to get to a specified place with which the
15
person is familiar, without being accompanied by
another person on each occasion.
GAc
For the majority of the time is unable to get to a
9
specified place with which the person is familiar
without being accompanied by another person.
GAd
Is frequently unable to get to a specified place with
6
which the person is familiar without being
accompanied by another person.
GAe
None of the above apply.
0
19. Coping with social
CSa
Normal activities, for example, visiting new places
15
situations.
or engaging in social contact, are precluded
because of overwhelming fear or anxiety.
CSb
Normal activities, for example, visiting new places
9
or engaging in social contact, are precluded for the
majority of the time due to overwhelming fear or
anxiety.
CSc
Normal activities, for example, visiting new places
6
or engaging in social contact, are frequently
precluded, due to overwhelming fear or anxiety.
CSd
None of the above apply.
0
20. Propriety of behaviour
IBa
Has unpredictable outbursts of, aggressive,
15
with other people.
disinhibited, or bizarre behaviour, being either:
(i) sufficient to cause disruption to others on a daily
basis; or
(ii) of such severity that although occurring less
frequently than on a daily basis, no reasonable
person would be expected to tolerate them.
IBb
Has a completely disproportionate reaction to minor
15
events or to criticism to the extent that the person
has an extreme violent outburst leading to
threatening behaviour or actual physical violence.
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Activity
Descriptors
Points
IBc
Has unpredictable outbursts of, aggressive,
9
disinhibited or bizarre behaviour, sufficient in
severity and frequency to cause disruption for the
majority of the time.
IBd
Has a strongly disproportionate reaction to minor
9
events or to criticism, to the extent that the person
cannot manage overall day to day life when such
events or criticism occur.
IBe
Has unpredictable outbursts of aggressive,
6
disinhibited or bizarre behaviour, sufficient to cause
frequent disruption.
IBf
Frequently demonstrates a moderately
6
disproportionate reaction to minor events or to
criticism but not to such an extent that the person
cannot manage overall day to day life when such
events or criticism occur.
IBg
None of the above apply.
0
21. Dealing with other
DPa
Is unaware of impact of own behaviour to the extent
15
people.
that:
(i) has difficulty relating to others even for brief
periods, such as a few hours; or
(ii) causes distress to others on a daily basis.
DPb
The person misinterprets verbal or non-verbal
15
communication to the extent of causing himself or
herself significant distress on a daily basis.
DPc
Is unaware of impact of own behaviour to the extent
9
that:
(i) has difficulty relating to others for longer
periods, such as a day or two; or
(iii) causes distress to others for the majority of
the time.
DPd
The person misinterprets verbal or non-verbal
9
communication to the extent of causing the person
significant distress to themselves for the majority of
the time.
DPe
Is unaware of impact of own behaviour to the extent
6
that:
(i) has difficulty relating to others for prolonged
periods, such as a week; or
(ii) frequently causes distress to
others.
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Activity
Descriptors
Points
DPf
The person misinterprets verbal or non-verbal
6
communication to the extent of causing the person
significant distress to themselves on a frequent
basis.
DPg
None of the above apply.
0
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Appendix E - IB \ PCA Descriptors & Exemption
Categories
PHYSICAL DESCRIPTORS
Activity
Descriptors
Points
WALKING ON
a
Cannot walk at all
15
LEVEL GROUND
b
Cannot walk more than a few steps without stopping or
15
WITH A WALKING
severe discomfort
STICK OR OTHER
c
Cannot walk more than 50 metres without stopping or severe
15
AID IF NORMALLY
discomfort
USED*
d
Cannot walk more than 200 metres without stopping or
7
severe discomfort
e
Cannot walk more than 400 metres without stopping or
3
severe discomfort
f
Cannot walk more than 800 metres without stopping or
0
severe discomfort
g
No walking problem
0
WALKING UP AND
a
Cannot walk up and down one stair
15
DOWN STAIRS*
b
Cannot walk up and down a flight of 12 stairs
15
c
Cannot walk up and down a flight of 12 stairs without holding
7
or taking a rest
d
Cannot walk up and down a flight of 12 stairs without holding
3
on
e
Can only walk up and down a flight of 12 stairs if goes
3
sideways or one step at a time
f
No problem in walking up and down stairs
0
SITTING IN AN
a
Cannot sit comfortably
15
UPRIGHT CHAIR
b
Cannot sit comfortably for more than 10 minutes without
15
WITH A BACK BUT
having to move from the chair
NO ARMS
c
Cannot sit comfortably for more than 30 minutes without
7
having to move from the chair
d
Cannot sit comfortably for more than one hour without having
3
to move from the chair
e
Cannot sit comfortably for more than two hours without
0
having to move from the chair
f
No problem with sitting
0
STANDING
a
Cannot stand unassisted
15
WITHOUT THE
b
Cannot stand for more than a minute before needing to sit
15
SUPPORT OF
down
ANOTHER
c
Cannot stand for more than 10 minutes before needing to sit
15
PERSON; MAY
down
USE A WALKING
d
Cannot stand for more than 30 minutes before needing to sit
7
STICK
down
e
Cannot stand for more than 10 minutes before needing to
7
move around
f
Cannot stand for more than 30 minutes before needing to
3
move around
g
No problem standing
0
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Activity
Descriptors
Points
RISING FROM
a
Cannot rise from sitting to standing
15
SITTING FROM AN
b
Cannot rise from sitting to standing without holding on to
7
UPRIGHT CHAIR
something
c
Sometimes cannot rise from sitting to standing without
3
holding on to something
d
No problem with rising from sitting to standing
0
BENDING AND
a
Cannot bend to touch knees and straighten up again
15
KNEELING
b
Cannot bend or kneel as if to pick up a piece of paper from
15
the floor and straighten up again
c
Sometimes cannot bend or kneel as if to pick up a piece of
3
paper from the floor and straighten up again
d
No problem with bending and kneeling
0
MANUAL
a
Cannot turn the pages of a book with either hand
15
DEXTERITY
b
Cannot turn a tap or control knobs on a cooker with either
15
hand
c
Cannot pick up a coin which is 2.5 centimetres or less in
15
diameter with either hand
d
Cannot use a pen or pencil
15
e
Cannot tie a bow in laces or string
10
f
Cannot turn a tap or control knobs on a cooker with one hand
6
g
Cannot pick up a coin which is 2.5 centimetres or less in
6
diameter with one hand
h
No problem with manual dexterity
0
LIFTING AND
a
Cannot pick up a paperback book, with either hand
15
CARRYING
b
Cannot pick up and carry a 0.5 litre carton of milk with either
15
hand
c
Cannot pick up and pour from a full saucepan or kettle of 1.7
15
litre capacity with either hand
d
Cannot pick up and carry a 2.5 kilogramme bag of potatoes
8
with either hand
e
Cannot pick up and carry a 0.5 litre carton of milk with one
6
hand
f
Cannot pick up and carry a 2.5 kilogramme bag of potatoes
0
with one hand
g
No problem with lifting and carrying
0
REACHING
a
Cannot raise either arm to put something in the top pocket of
15
a coat or jacket
b
Cannot raise either arm to his/her head to put on a hat
15
c
Cannot put either arm behind his/her back to put on a coat or
15
jacket
d
Cannot raise either arm above his/her head to reach for
15
something
e
Cannot raise one arm to his/her head to put on a hat
6
f
Cannot raise one arm above his/her head to reach for
0
something
g
No problem with reaching
0
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Activity
Descriptors
Points
SPEECH
a Cannot
speak
15
b
Speech cannot be understood by family or friends
15
c
Speech cannot be understood by strangers
15
d
Strangers have great difficulty understanding speech
10
e
Strangers have some difficulty understanding speech
8
f
No problem with speech
0
HEARING WITH A
a
Cannot hear sounds at all
15
HEARING AID IF
b
Cannot hear well enough to follow a television programme
15
USED
with the volume turned up
c
Cannot hear well enough to understand someone talking in a
15
loud voice in a quiet room
d
Cannot hear well enough to understand someone talking in a
10
normal voice in a quiet room
e
Cannot hear well enough to understand someone talking in a
8
normal voice in a busy street
f
No problem with hearing
0
VISION IN
a
Cannot tell light from dark
15
NORMAL
b
Cannot see the shape of furniture in the room
15
DAYLIGHT WITH
c
Cannot see well enough to read 16 point print at a distance
15
GLASSES
greater than 20 centimetres
d
Cannot see well enough to recognise a friend across the
12
room
e
Cannot see well enough to recognise a friend across the road
8
f
No problem with vision
0
CONTINENCE
a
No voluntary control over bowels
15
b
No voluntary control over bladder
15
c
Loses control of bowels at least once a week
15
d
Loses control of bowels at least once a month
15
e
Loses control of bowels occasionally
9
f
Loses control of bladder at least once a month
3
g
Loses control of bladder occasionally
0
h
No problem with continence
0
REMAINING
a
Has an involuntary episode of lost or altered consciousness
15
CONSCIOUS
at least once a day
OTHER THAN FOR
b
Has (above) at least once a week
15
NORMAL PERIODS c
Has (above) at least once a month
15
OF SLEEP
d
Has had (above) at least twice, in the six months before the
12
test is applied
e
Has had (above) once in the six months before the test is
8
applied
f
Has had (above) once in the three years before the test is
0
applied
g
No problems with consciousness
0
* Only take the highest descriptor from walking or stairs, not both
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MENTAL HEALTH DESCRIPTORS
Activity
Descriptors
Points
COMPLETION OF
a
Cannot answer the telephone and reliably take a message
2
TASKS
b
Often sits for hours doing nothing
2
c
Cannot concentrate to read a magazine article or follow a radio
1
programme
d
Cannot use a telephone book or other directory to find a
1
number
e
Mental conditions prevents them from undertaking leisure
1
activities previously enjoyed
F
Overlooks or forgets the risk posed by domestic appliances or
1
common hazards due to poor concentration
g
Agitation, confusion or forgetfulness has resulted is mishaps or
1
accidents in the 3 months before the test is applied
h
Concentration can only be sustained by prompting
1
DAILY LIVING
a
Needs encouragement to get up and dress
2
b
Needs alcohol before midday
2
c
Is frequently distresses at some time of the day due to
1
fluctuation of mood
d
Does not care about his appearance and living conditions
1
e
Sleep problems interfere with his daytime activities
1
COPING WITH
a
Mental stress was a factor in making him stop work
2
PRESSURE
b
Frequently feels scared or panicky for no obvious reason
2
c
Avoids carrying out routine activities because he is convinced
1
they will prove too tiring or stressful
d
Is unable to cope with changes in daily routine
1
e
Frequently finds there are too many things to do that he gives
1
up because of fatigue, apathy or disinterest
F
Is scared or anxious that work would bring back or worsen his
1
illness
INTERACTION
a
Cannot look after himself without the help of others
2
WITH OTHER
b
Gets upset by ordinary events and it results in disruptive
2
PEOPLE
behaviour problems
c
Mental problems impair ability to communicate with other
2
people
d
Gets irritated by things that would not have bothered him
1
before he became ill
e
Prefers to be left alone for six hours or more each day
1
F
Is too frightened to go out alone
1
PCA EXEMPTION CATEGORIES
These were defined as follows:
Severe learning disabilities, defined in legislation as a condition which
results from arrested or incomplete development of the brain, or severe
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damage to the brain which involves severe impairment of intelligence
and social functioning.
Severe and progressive neurological or muscle wasting disease.
Progressive impairment of cardiorespiratory function which severely and
persistently limits effort tolerance.
An active and progressive form of inflammatory polyarthritis.
Dense paralysis of the upper limb, trunk and lower limb on one side of
the body.
Multiple effects of impairment of function of the brain and/or nervous
system causing motor, sensory, and intellectual deficits.
Severe mental illness, defined in legislation as the presence of mental
disease which severely and adversely restricts his social functioning,
or his awareness of his immediate environment.
Severe and progressive immune deficiency states characterised by the
occurrence of severe constitutional disease or opportunistic infections
or tumour formation.
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Appendix F - Prognosis Matrix
No functional
Factors that suggest a
Factors that suggest
restriction
shorter return to work
a longer return to
identified
(with change likely)
work (with change
prognosis may be
unlikely) prognosis
appropriate. Also
may be appropriate
consider adaptation.
3 month
Acute condition
Chronic condition
prognosis
Single condition
Multiple conditions
(or call for
assessment if
Diagnosis unclear
Diagnosis confirmed
at file work
stage)
Mild to moderate
Significant Disability
disability evident at
evident at assessment
assessment
Medical evidence
Medical evidence
suggests chronic
suggests improvement
course
possible
Medical probability
Medical probability
suggests chronic
suggests improvement
course
Active treatment
No active treatment
Further treatment
No further treatment
awaited/planned
awaited/planned
Younger age
Older age
3, 6, 12, or 18 month
2 years or in the
return to work
longer term return to
prognosis
work prognosis
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Appendix G - Glossary of Terms
Throughout this document you will various terms and abbreviations used. The
following is a list of some of these terms.
ESA
Employment and Support Allowance
Revised WCA
Revised Work Capability Assessment
LCW
Limited Capability for Work: The term used to identify those with a
certain degree of disability defined in the legislation which means there are likely to
be limitations on their ability to engage in work.
“Treat as LCW”: The term used for claimants who are considered to have
limitations on their ability to work due to specific criteria defined in the legislation
namely having certain types of regular treatment, pregnancy around dates of
confinement, radiotherapy and restriction on work due to a Public Health Order.
LCWRA
Limited Capability for Work Related Activity: The term used to describe
those with the most severe conditions where it would be considered unreasonable
for them to engage in any type of work related activity or training. Those who meet
criteria to be considered as having LCWRA are entered into the Support Group.
LCWRA may be as a result of severe functional restriction or certain specific
circumstances such as Terminal Illness.
WFHRA
Work Focussed Health Related Assessment: A face to face
assessment conducted by an Atos Healthcare HCP to explore the claimant’s views
on their abilities and restrictions in relation to work and health.
WFI
Work Focussed Interview: A series of interviews conducted by a
Personal Adviser at the Job centre Plus (or private contractor) to help those with
limited capability for work to begin a journey towards work readiness and ultimately
employment.
TI Check (also known as SR check)
Terminal Illness Check/ Special
Rules check: An initial stage of ESA Filework completed by those who claim they
are terminally ill.
PBC
Pre-board check: A stage of filework completed on all claimants at
their initial referral other than cases where definitive advice has been provided at the
TI check
LCWRA Only Advice referrals: A type of referral where the Decision maker has
identified “treat as LCW” and requests advice on LCWRA status
ESA 55: The file jacket where documentation relating to the claim is inserted
ESA 50
A form completed by claimants detailing their medical problems and
stating their functional abilities and restrictions in both physical and mental function
activities.
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ESA 50A
A form completed by claimants who have been identified as having
“treat as LCW” by the DM and where FME is not available or adequate to provide
advice on LCWRA status. The form is an abridged version of the ESA 50 and
relates to LCWRA criteria.
IB
Incapacity Benefit
PCA The medical assessment process to those applying for Incapacity Benefit
IB85 The medical report completed by an HCP following a face to face assessment
to advise the Decision Maker about the PCA
IB85A
A report produced advising on Filework outcomes in Incapacity Benefit
FME: Further Medical Evidence
113: A form used to request FME. Used in Incapacity Benefit (IB113) and ESA (ESA
113)
FRR2: A form used to request FME where there is a requirement for specific
questions to be addressed.
FRR3: A form used to request FME from an HCP other than the claimants GP
FRR4: A form used to document any telephone contact with the claimant or any
HCP involved in their care.
ESA 85
The medical report completed by an HCP following a face to face
assessment to advise the Decision Maker on LCW/LCWRA status
ESA85A
A report produced advising on Filework outcomes in ESA
ESA86
A form used to record advice on LCWRA only clerical referrals
DLA
Disability Living Allowance: Disability Living Allowance is a non-
contributory, non-means tested and tax-free benefit that is based on an assessment
of care and mobility needs for people with disability. DLA is payable to those with
qualifying needs where the claim is made before the age of 65.
AA
Attendance Allowance: is a non-contributory, non-means tested and
tax-free benefit that is based on an assessment of care. AA is payable to those
whose needs arise after the age of 65 (or who claim after that date) and it relates to
personal care only. AA does not have a Mobility component.
DAL/AA Special Rules Claim: A type of claim within the DLA/AA benefit for those
claiming a terminal illness.
MSRS:
Medical Services Referral System: An automated workflow and case
management system used to register details of Incapacity Benefit and ESA claims.
SMART:
System for Medical Allocations, Referrals and Tracking. An IT system
used in Atos Healthcare by administration staff with a variety of functions including
recording of appointments and brief outcomes of advice relating to DLA/AA claims.
DV Domiciliary
Visit
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Medical Services
DWP
Department for Work and Pensions
GMC
General Medical Council
GP General
Practitioner
MEC
Medical Examination Centre
NINo
National Insurance Number
NMC
Nursing and Midwifery Council
PV
Potentially Violent (Now obsolete – see UCB)
IRG
Incapacity Reference Guide – list of coded conditions \ diagnoses the
DM uses to record diagnosed cause of incapacity.
UCB
Unacceptable Claimant Behaviour
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7 Final
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Medical Services
Observation form
Please photocopy this page and use it for any comments and observations on this
document, its contents, or layout, or your experience of using it. If you are aware of
other standards to which this document should refer, or a better standard, you are
requested to indicate this on the form. Your comments will be taken into account at
the next scheduled review.
Name of sender:
________________________ Date: _____________
Location and telephone number: ____________________________________
Please return this form to: Angie Rhodes
Training and Development Co-ordinator
Atos Healthcare
3300
Solihull
Parkway
Birmingham
Business
Park
Birmingham
B37 7YQ
ESA Filework Guidelines
7 Final
MED-ESAFWG~001
Page 91
Document Outline