face to face assesments

I would like to know if you are still excused from a face to face if receiving chemopherapy. The reason being is when i was assesed for ESA ATOS advised me i cannot attend a assement centre for health and saftey reasons the dwp was insistent i have to attend i contacted my MP and all of a sudden i was awarded ESA on the paper facts. My MP did not clarify if its the law so can anyone clarify this for me as i may have to go for a pip assesment

Steve wrote: I would like to know if you are still excused from a face to face if receiving chemopherapy. The reason being is when i was assesed for ESA ATOS advised me i cannot attend a assement centre for health and saftey reasons the dwp was insistent i have to attend i contacted my MP and all of a sudden i was awarded ESA on the paper facts. My MP did not clarify if its the law so can anyone clarify this for me as i may have to go for a pip assesment

Hi S,

Welcome to Benefits and Work

With regards to ESA if you fulfilled the 28/01/13 amendment to

ESA Reg 35 for entry to The SG (LCWRA)

In that :

"(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—"

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

You should have been placed into The Support Group (SG) under The Exceptional Circumstances Rules (ESA Reg 35) without a "medical".

There is no such "Rule" for PIP, it is how your medical condition/s/disabilities affect you that may or may not result in a PIP Award.

This would include limitations caused by your medical condition as well as limitations caused as side effects of your chemotherapy.

They should take your limitations and the evidence that you have provided into account when deciding whether it is necessary for you to have a "medical", and if so, whether it should be at an Assessment Centre or in your Home before they can make recommendations regarding a PIP Award.

They can and do make "paper based" assessments.

Try our : PIP Self Test and read through our : PIP Claims Guide. (2nd Link on page)

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