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Employment Support Allowance: Work Capability Assessment – Fluctuating conditions

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I recently was awarded Employment Support Allowance (ESA) and placed in the Work Related Activity Group. With regard to this, I am drafting a letter to the DWP to reconsider their decision and place me in the Support Group.

I suffer from M.E. (aka Chronic Fatigue Syndrome) and the severity of my condition can fluctuate over the course of a day. Energy-wise, I can feel fresh at the beginning of the day, but when I perform tasks, I quickly tire, and if I don’t stop, I begin to feel ill.

On completing the medical questionnaire (Form ESA50), I explained the above, but in assessing my work capability, the Atos healthcare professional's scoring was based on the assumption that I was fresh all the time.

I understand that ESA legislation states that when a person has a fluctuating condition, this should be taken into account in the scoring in the Work Capability Assessment. Can anyone please supply me with a link to the part of the legislation that covers this?

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