“[The claimant] experiences constant mental and physical fatigue which increases through the day. She experiences post exertional fatigue which is particularly apparent after work when she returns to bed to sleep. She also experiences constant muscle and joint pain as well as feelings of weakness and numbness in her legs. The claimant’s ability to walk is affected by fatigue, muscle pain and weakness and sometimes she will need to stop and rest when walking or on her worst days does not go out of the house at all. . She experiences disturbed, unrefreshing sleep and sleeps in response to increases in activity. The claimant also has cognitive difficulties such as difficulty thinking clearly, poor concentration, poor short term memory and difficulty making decisions…[The claimant’s] ability to carry out activities of daily living [is] significantly affected by her symptoms.”
“With regard to the mental health descriptors the Employment and Support Regulations state that the claimant’s incapability to perform these activities must arise from a specific mental illness or disablement. At the medical examination the appellant reported physical problems only and there was no evidence of a mental health problem. She was also on no medication for mental health. The problems referred to in Part 2 of the ESA were caused by physical difficulty and were not due to mental health problems. The Tribunal found that the appellant did not have mental health problems and none of the mental health activities applied.”
“18. It is possible that the tribunal was regarding the claimant’s case as being made under paragraph 14 of Schedule 2. That paragraph is in Part 2 of Schedule 2, which is headed “Mental, cognitive and intellectual function assessment”