On ESA form can you say you think should be in SG?

I have almost finished filling in my pdf ESA form as I am being transferred from SDA. I have had helpful letters from my GP and Consultant.

My question is as my form and the evidence provided shows that activity makes my condition worse can I state on the "other information" page that I feel I should be in or qualify for the support group or should I just let my form and supporting evidence speak for itself?

Shaz wrote: I have almost finished filling in my pdf ESA form as I am being transferred from SDA. I have had helpful letters from my GP and Consultant.

My question is as my form and the evidence provided shows that activity makes my condition worse can I state on the "other information" page that I feel I should be in or qualify for the support group or should I just let my form and supporting evidence speak for itself?

Hi S,

Yes, you could state that carrying out any of the activities worsens your condition, there, if that is the case. You could also provide further information on an added A4.

Remember, to qualify for the SG, you must show that you fulfill at least one of The SG Functional Descriptors, in that you cannot carry them out Repeatedly, Reliably and Safely without suffering severe pain/discomfort, breathlessness, etc, for the majority (>50%) of the time. :

SG (LCWRA)Schedule 3 Descriptors

You may wish to cite any of the Activities that you feel apply to you.

And/Or you can qualify under ESA Reg 35. 2. (a) & (b) if you can prove that there would be "substantial risk" to your own or someone else's mental or physical health if you were not placed into The SG.

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)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-related activity."

From :

ESA Reg 35 for entry to The SG (LCWRA)

Pertinent to The SG only, ESA Reg 34. (2) (Applicable to Support Group) should be considered also :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

See also : Qualifying for the Support Group

bro58