IB to ESA Supporting Info

Hi,

I am migrating to ESA from IB and filing out the E50 form. I have Severe Depression & Anxiety, M.E/CFS. I have been on IB for approx 11/12years.

I feel am able to meet enough points for WRAG but may have to rely on Exceptional Circumstances for SG.

I have a letter from my Consultant Psychiatrist saying it is 'likely that attempt to work will lead to significant deterioration in mental state and symptoms'

Do you feel that 'likely' is strong enough? I wanted to ask him to change it to 'substantial risk'? Also, he refers to 'work' do you think I need to ask him to refer to 'any work and work related activity'? I am trying to get into SG with the form and supporting info if at all possible without a WCA.

Do the ATOS/SWP look at your history on file or just the info of your current health etc?

Is it worth enclosing as supporting info my EA1 Exemption from the PCA for IB on basis of 'Severe Mental Illness' dated Sept 2010, this was after I went for an assessment which was stopped before it began by the assessor?

Can you tell me if there is a link where you follow tribunal/court appeal results?

Finally, is there I way I can change my Username on the site.

I appreciate this site so much it has helped me immensely.

Thank you.

Hi B,

Welcome to the site, this should help you find your way around

Welcome to Benefits and Work

I don't know whether usernames are changed unless the member has inadvertently used their real name. However, you should follow the steps in this FAQ

My full name is showing, how can I stop it?

You should fill in the ESA50 as if DWP know nothing about you, it is highly likely that they will not refer to any of your previous paperwork (even if they still have it). Nor should you fall into the trap of thinking that the criteria for ESA are the same as for IB. Make full use of our ESA guides

ESA claims and appeals

our ESA FAQs

ESA FAQs

and our IB to ESA conversion FAQs

IB/IS/SDA transfer FAQs

You might find it easier to use the PDF version of the ESA50 form

Using The PDF Version Of The ESA50 Questionnaire

I'm afraid that I think your consultant's letter is unlikely to get you into the support Group as it stands. If you wish to use the Exceptional Circumstances rule you need to show clearly that there is a significant risk if you do any work focussed activities. You need to demonstrate the nature of that risk and show that it is more than 'likely'. This is covered in our ESA guide.

I don't know if there is anywhere you can follow tribunal results, perhaps one of my fellow moderators can comment about that.

There is a lot here for you to take in. I suggest that you bookmark this topic, or make it a favourite on your web browser, so that you can return to it easily. You can also come back and ask further questions here as it is helpful for us to have everything in one place.

Dear Mrs HB

Thank you for your reply. My consultant does go into detail about why its is 'likely', I will see if he will use the words 'substantial risk' or certainly stronger terms than 'likely'.

Thought it may be useful for you and other mods to know I have just changed my profile by going into the Profile tab, clicking edit and inserting a new name on the Name line putting my password in and saving.

Thanks ROCK, it could be that this is a function of the new forum that the old one did not have.

My Consultant is drafting an amended letter for me.

As my Anxiety is so bad at the moment I asked him if there was anything additional I could try and he mentioned an additional medication although it is up to me if I take this I am going to discuss side effects next time I see him.

I am going for the Exceptional Circumstances, if I take the additional medication and it helps could this be used as evidence to say I am fit for work related activity/work or would the letter still apply?

I hope this makes sense, I ma confused.

ROCK wrote: My Consultant is drafting an amended letter for me.

As my Anxiety is so bad at the moment I asked him if there was anything additional I could try and he mentioned an additional medication although it is up to me if I take this I am going to discuss side effects next time I see him.

I am going for the Exceptional Circumstances, if I take the additional medication and it helps could this be used as evidence to say I am fit for work related activity/work or would the letter still apply?

I hope this makes sense, I ma confused.

Hi R,

With respect to The Exceptional Circumstances Rule (ESA Reg 29) for LCW (Entry to WRAG)

The following amendment was added post 28/01/13 :


"(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

ESA Reg 29 for entry to The WRAG (LCW)

If the DM was to apply this amendment, then they would have to show how the prescribed medication would reduce the "Substantial Risk" if they where to find you fit for work.

If you can't gain an LCW assessment on ESA Reg 29, then it is unlikely that you would gain LCWRA, (SG entry) on The EC Rules at ESA Reg 35 :

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(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 would first have to prove that : "2.(b) the claimant suffers from some specific disease or bodily or mental disablement"

and then go on to prove that : " by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work."

The Exceptional Circumstances Rules are fully explained in our : ESA Claims Guides

We recommend that you only use ESA Regs 29 and 35 as a back up to any of the functional descriptors that you may qualify under.

The DWP DM will not look at ESA Regs 29 or 35 non functional descriptors until they have first considered whether you qualify under any of the :

WRAG (LCW)Schedule 2 Descriptors

Or the :

SG (LCWRA)Schedule 3 Descriptors

Functional descriptors.

bro58