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rule 29 & 35 before WCA but after esa50

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10 years 3 weeks ago #133347 by Paulx
Replied by Paulx on topic rule 29 & 35 before WCA but after esa50
About the special circumstances bit should you do one for each section or should you bundle them into one.

I thinking of the mental capabilities ones here.

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10 years 3 weeks ago #133364 by Gordon
Replied by Gordon on topic rule 29 & 35 before WCA but after esa50

abc wrote: About the special circumstances bit should you do one for each section or should you bundle them into one.

I thinking of the mental capabilities ones here.


If you have multiple conditions that you believe fit the requirements for the Exceptional Regulations then I would create an entry for each one.

You need to separate any entry for Regulation 29 from any for Regulation 35, they have different criteria and would result in different awards. Please make sure that you fully understand the requirements for these Regulations if you intend to use them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 3 weeks ago #133433 by Paulx
Replied by Paulx on topic rule 29 & 35 before WCA but after esa50
R OK I thought it was one every time I saw it mentioned in the sections.

So I might need 4 for depression, anaxity, emotional and psychological problems.

Looking at the SG one I seem to qualify on the flow cart with the first 2. For care plan my psychiatrist sends a letter which has a section 'Care Plan' to my GP does it matter what the plan is particularly?

I've not been able to process the WG one yet. But it looks like I can use side effects of the pills there.

Should I get it wrong with the special circumstances bits due to not understanding them could I make things worse?

My esa50 is starting to look like war & peace with 6 supplemental pages so far is this OK?

I've spent quite a lot of time on your illness and medication sections but you don't score points for these is this wasted time?

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10 years 3 weeks ago #133442 by Gordon
Replied by Gordon on topic rule 29 & 35 before WCA but after esa50
abc

The answer to any question about what to include with your ESA50 is do you believe that it helps your case, if you do then you should consider including it and if it does not then you shouldn't, factors you should consider are whether it addresses your limitations and if it does, is this in context to ESA Descriptors.

Were you to get it wrong with the Exceptional Circumstances then it should do no harm, they are only considered if a claimant has failed to qualify using the other criteria.

Whilst the my illness and medication sections do not directly score points this is all about providing a convincing argument in regard to your limitations, for example someone who describes themselves as being in pain all day and takes prescription pain killers would be expected to have restrictions in their day to day activities due to that pain.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 3 weeks ago - 10 years 3 weeks ago #133661 by Paulx
Replied by Paulx on topic rule 29 & 35 before WCA but after esa50
Almost there.

Where should I send the new esa50? On the letter about the WCA there is an office address that looks like it maybe where I sent it last time, but not 100% positive as that was 18 months ago. This is not the address of the assessment center.

I have also read that I should send a copy to the 'Decision Maker' don't really know anything about the DM. Are that at my local JCP? If so should I just address it to the DM at my local JCP else where?

Documentation I have medical letters can I just send them copies & should I put my name & NI number on each page?

Is there any chance that when they get my new esa50 that they will decided that I don't need a WCA tho there will be less than two weeks to go to my wca when they get it?

It has been suggested that I should apply for PIP. I know nothing about this, will it involve a similar nightmare filling the form in and another wca type of thing - I have mental health issues.

Doing the esa50 I saw refs to how it could effect your pip, does this also apply the other way round and your pip could effect your esa50?
Last edit: 10 years 3 weeks ago by .

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10 years 3 weeks ago - 10 years 3 weeks ago #133665 by

abc wrote: Almost there.

Where should I send the new esa50? On the letter about the WCA there is an office address that looks like it maybe where I sent it last time, but not 100% positive as that was 18 months ago. This is not the address of the assessment center.

I have also read that I should send a copy to the 'Decision Maker' don't really know anything about the DM. Are that at my local JCP? If so should I just address it to the DM at my local JCP else where?

Documentation I have medical letters can I just send them copies & should I put my name & NI number on each page?

Is there any chance that when they get my new esa50 that they will decided that I don't need a WCA tho there will be less than two weeks to go to my wca when they get it?

It has been suggested that I should apply for PIP. I know nothing about this, will it involve a similar nightmare filling the form in and another wca type of thing - I have mental health issues.

Doing the esa50 I saw refs to how it could effect your pip, does this also apply the other way round and your pip could effect your esa50?


Hi abc,

You could contact : The Centre for Health and Disability Assessments (CHDA) (Maximus) as they took over the ESA WCA Contract from ATOS on 02/03/15.

They should be able to tell you where to send it.

To send copy to the DM, you should address it :

FAO : The ESA Decision Maker, at the address of the Benefits Office/Centre on your most recent ESA letter from the DWP.

Yes, send copies, keep originals, and put your Name, NI Number and DOB at the head of each page.

Sending Documents to the DWP or Maximus (CHDA)

There is a "chance" that they may decide that a "medical" is not needed once they receive The ESA50, etc.

Information on PIP can be seen below :

PIP Self Test

&

PIP Claims Guide. (2nd Link on page)

Yes, there will be a PIP 2 (Questionnaire) Form to fill in, and you can see a sample of this in the PIP Claims Guide above.

Much like ESA, whether or not you have to have a face to face PIP Assessment will be dependant on whether they feel that they have enough evidence in your PIP 2 Form and any other documentation that you may provide to make a "Paper Based Assessment".

There are a few crossovers between PIP and ESA, but in general the qualifying criteria is different.

You could use a medical report from PIP to support an ESA assessment and vice-versa as long as it supported your stated limitations for one benefit or the other.

Yes, we have heard of some ESA Medical Reports being used in the PIP assessment process, but I have not heard of any PIP reports being used for an ESA assessment.

bro58
Last edit: 10 years 3 weeks ago by .

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