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10 years 3 weeks ago - 10 years 3 weeks ago #119827 by Mrs sewingbee
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Info please on esa regs 29 and 35
I am currently on CB ESA and currently had a medical assessment which I think I should be in the support group. I am contesting by Revision of Decision. I have done a report with all available med evidence to send to support my challenge, but wonder if I should apply in this letter the regs for exceptional circumstances as a decision going against being moved into the support group would be a risk to my health. what reg do I apply please. Also any idea how I might word this.
I am currently on CB ESA and currently had a medical assessment which I think I should be in the support group. I am contesting by Revision of Decision. I have done a report with all available med evidence to send to support my challenge, but wonder if I should apply in this letter the regs for exceptional circumstances as a decision going against being moved into the support group would be a risk to my health. what reg do I apply please. Also any idea how I might word this.
Last edit: 10 years 3 weeks ago by Gordon.
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10 years 3 weeks ago #119836 by Gordon
It's Regulation 35 for the Support Group. There is more information in the ESA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/esa
For Reg 35 (and 29) the burden of proof lies wholely with the claimant, so it is not enough to just say that you think you meet the requirements; you have to be specific and this needs to be supported by medical evidence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa
Mrs sewingbee wrote: Info please on esa regs 29 and 35
I am currently on CB ESA and currently had a medical assessment which I think I should be in the support group. I am contesting by Revision of Decision. I have done a report with all available med evidence to send to support my challenge, but wonder if I should apply in this letter the regs for exceptional circumstances as a decision going against being moved into the support group would be a risk to my health. what reg do I apply please. Also any idea how I might word this.
It's Regulation 35 for the Support Group. There is more information in the ESA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/esa
For Reg 35 (and 29) the burden of proof lies wholely with the claimant, so it is not enough to just say that you think you meet the requirements; you have to be specific and this needs to be supported by medical evidence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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