IB to ESA

Hi all
I am in the process of completing ESA50 and thanks to this site have become aware of the UT decision re Exceptional Circumstances.

I think it would apply to me. I have had a couple of suicide attempts during stressful periods in my life. I have a letter from my doctor stating that when I get reviewed for benefits it triggers suicidal thoughts and increases my depression.

Would that be sufficient evidence?

Plonker wrote: Hi all
I am in the process of completing ESA50 and thanks to this site have become aware of the UT decision re Exceptional Circumstances.

I think it would apply to me. I have had a couple of suicide attempts during stressful periods in my life. I have a letter from my doctor stating that when I get reviewed for benefits it triggers suicidal thoughts and increases my depression.

Would that be sufficient evidence?

Hi P,

I assume that you have read : Today's News Article.

It is impossible to say whether or not this would be "sufficient evidence", that of course would be up to ATOS, The DWP ESA DM and any subsequent Tribunal to decide.

Any evidence that helps to support the fact that you may qualify for The SG should invariably help.

As you are referring to The Exceptional Circumstances Rule :

ESA Reg 35 for entry to The SG (LCWRA), it would help if the written evidence particularly addressed the fact that there would be a substantial risk to your own physical or mental health, or that of another, if you were not found to have Limited Capability for Work Related Activity. (LCWRA) (not placed into The SG)

As at Reg 35. (2) (a) & (b)

"(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."

The problem has been "What" is classed as Work Related Activity. (WRA) ?

This is discussed in the following : rightsnet thread

The 3 Judge Panel ruling is included in the thread, and seems to help ESA Reg 35 SG qualification.

However, as you will see it is not yet clear whether The Secretary of State is to appeal this decision.

We always advise that where at all possible use ESA Reg 35 as a back up to any of the functional : SG (LCWRA)Schedule 3 Descriptors that you may qualify under.

Certainly worth a try if applicable to you, though.

Remember, with respect to The SG and the qualifying Activities/Descriptors, not only must you be able to carry them out for the majority of the time, to be classed as being able to carry them out at all, you must also be able to carry them out on the majority (>50%) of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“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

Hope this helps.

bro58

Hi bro

Many thanks for your detailed reply. As you know I had completed form ESA 50 A last month and returned to DWP by rec.del. They returned said form along with an ESA50 for me to complete.

They are probably not considering SG for me so I am arming myself with all relevant evidence to try and stay in SG

Plonker wrote: Hi bro

Many thanks for your detailed reply. As you know I had completed form ESA 50 A last month and returned to DWP by rec.del. They returned said form along with an ESA50 for me to complete.

They are probably not considering SG for me so I am arming myself with all relevant evidence to try and stay in SG

The DWP returned my completed ESA50A with a blank ESA50 for me to complete. All that was enclosed was a "compliment slip" with "please complete"

Do I have four weeks to complete ?

Hi all
That's it finished....ESA50 completed as per guides. I quoted what the HCP DLA said about my substantial impairment of my lumber spine and the fact that no improvement likely.

I also quoted ESA Regs 35 (2) (b) regarding Significant risk and included a letter from my doctor describing my mental issues.I also mentioned the recent ruling
by a three judge hearing, the onus is on DWP to provide a significant amount of additional evidence, if DWP think I should not be placed in the Support Group.

Now the wait begins