× Members

PoExceptional Circumstances rule ESA Support Group

More
5 years 3 months ago #225313 by UncleBuck
Hi,
I have severe COPD, as a lung function test last month indicated my lung function to be down to 30-40%. I suffer typical COPD symptoms,including a chronic cough, with limitations on all physical activities - and all of which cause anxiety and panic attacks. I am currently in the ESA WRAG group and have been send a new ESA50 assessment form to fill out.

However, I feel I should be in the Support Group because of all the above, but I do not think that I will qualify for this under the 15 points descriptor of any section the ESA50 form, including mobility, as I can walk over 50 metres, albeit much slower than the average person without COPD, due to breathing limitations.

I have briefly read about applying the Exceptional Circumstances rule to get into the Support Group - although it feels like a "minefield" to understand and relate to in terms of COPD. So can anyone who understands COPD possibly give me advice on if/how I could apply the EC rule with reference to all m physical/mental COPD limitations, please?
thanks

Please Log in or Create an account to join the conversation.

More
5 years 3 months ago #225335 by Gordon
UncleBuck

I think you will struggle to be placed in the SG due to your COPD via the Substantial Risk Regulations.

Our ESA Claim guides have a full list of the Work Related Activity that you might be required to do while in the WRAGbut the following is a partial sample

Write a diary of what is done each day, to then look at transferable skills.
Write a diary to record thoughts, mood, panic attacks, pain, positive events or thoughts.
Techniques for coping with negative thoughts, anxiety or panic attacks.
Encouraging claimants to seek help with debt or housing problems.
Requiring a claimant to register at the local library for access to internet services.
Establishing daily routines.
Register on Universal Jobmatch through www.gov.uk.
To research local training to update their computer skills.
Setting individual goals such as exercise routines or places to visit.

Can you realistically show that your COPD would prevent you from doing these?

Your being unable to Mobilise more than 50m would seem to be a better fit, it actually takes your being breathless into account.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: UncleBuck

Please Log in or Create an account to join the conversation.

More
5 years 3 months ago #225356 by UncleBuck
Point taken, Gordon, thanks

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.