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- Baffled. IB - ESA fail. Fresh claim - fail.
Baffled. IB - ESA fail. Fresh claim - fail.
- RedRed
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I am completing the PDF, but I have the paper form, and the boxes are so small anyway, I was thinking I might fill out the form, then add separate pages typed. My handwriting isn't good enough to write that much. Or maybe my letter will suffice? Quite confused, but getting there...
There is so much to remember! Completely forgot about payback pain! :/
Thank you so much for being there. It's so good to have people to talk to.

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- Gordon
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I would be cautious of the information you read on the link that you included in your post, I am not convinced that it is complete, despite the reference to "senior legal advice" and if nothing else it minimises the requirements for something that is in actual fact very difficult to get.
The references to Universal Credit and other Regulations are in themselves misleading as at the time of writing nobody receiving ESA is also receiving UC and this is likely to be the case for some time.
Have a look at the ESA Claim guides there are sections that cover Regulation 29 for the WRAG, with the current legal requirements and Regulation 35 for the SG.
Returning to your ESA50, If you think that you may qualify under these Regulations then you can certainly reference them on the form, you obviously need to explain why you believe that you would qualify, in other words you need to explicitly identify the risks to you or others that would be involved if you were required to work (Reg.29) and to perform Work Related Activity (Reg.35).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RedRed
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So about how I present it. I was thinking start with the phrases I need to repeat, eg fluctuating, unpredictable, can't repeat reliably safely, etc. Then make it clear which descriptor I feel applies to me. Do I spell it out with the number? eg 2 b (ii)? Then add more to each answer. My problem so far is once I start writing, I end up with my life story! There is so much to tell, I am having trouble focusing and just answering the question. But when I edit back and try to answer in one paragraph, it doesn't seem enough, and I don't know if I'm doing myself a disservice. When I look at sample answers in your guides, they're one paragraph, a few lines. So I'm not sure about that bit. Is it ok to write a lot?
Not sure if I have more questions yet. Is anyone around over the bank holiday weekend? I have to post on Tuesday no matter what. Thank you!

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- Gordon
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There's no harm in making direct references to the Descriptors and why you meet them, but in terms of the general organisation of your response you need to stick to the same format as the ESA50. The more difficult you make it for those reading the documents to find information the less likely they are to read it.
So for each question, talk first about how you are on your bad days, you need to qualify how much of the week or month you are like this, why you are like this and the way in which your activities are restricted in relation to that Descriptor, then talk about how you are when you are not at your worst, again how much of your time does this represent, finally talk about when you are at your best, remember best does not necessarily mean fully well, your best maybe somebody else's worst.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RedRed
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Gordon wrote: RedRed
There's no harm in making direct references to the Descriptors and why you meet them, but in terms of the general organisation of your response you need to stick to the same format as the ESA50. The more difficult you make it for those reading the documents to find information the less likely they are to read it.
So for each question, talk first about how you are on your bad days, you need to qualify how much of the week or month you are like this, why you are like this and the way in which your activities are restricted in relation to that Descriptor, then talk about how you are when you are not at your worst, again how much of your time does this represent, finally talk about when you are at your best, remember best does not necessarily mean fully well, your best maybe somebody else's worst.
Gordon
Hi Gordon,
Thank you. That's what I needed. There's not enough space on the form anyway, so I need to write on additional sheets. I'll try to make it as clear as possible for them.
And I hadn't broken down my answers to this level of detail. That's really helpful. It's still a daunting task, but I can see my way forward now. Thank you!
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- RedRed
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