esa- reassessment for 1st time

Thank you Bro58 and Gordon for your patience and replies.

When I was originally awarded ESA and put into the Support Group it was on the basis of exceptional circumstances without a face-to-face medical.

I propose to re-use what will be a 3 year old Psychiatist's report and whatever up-to-date medical evidence I can get from my new G.P.

At present, she has said that she will only supply a report if I am turned down. I do not see a Psychiatrist nor a CPN.

The original report gave a Psychiatric history and stated that I was "at high risk of relapse in the face of significant psychosocial factors". I was never clear precisely what this latter expression meant.


I suffer from anxiety and depression and schizophrenia, the latter of which resulted in a hospital admission, many years ago. Anxiety is the most prevalent symptom. I have had CBT for Social Anxiety and also for General Anxiety, the latter of which is since my ESA award.


I also have only one hand. I sustained RSI to my only hand in the workplace.
I am aware that there has been changes to both the criteria of exceptional circumstances and to work-related activities.

I do not know what work-related activities there are in my area.

1. Am I right in thinking that say the DWP decision maker thinks that I could attend say a confidence building course, I would not qualify for exceptional circumstances and fail to be put in the Support Group?

This is despite the fact that I would be unable to do other activities such as Information Technology in groups.

2. Should I try and get a list of local work-related activities and hopefully supply a G.P. medical report to say that I would be at risk of relapse if I carried out these activities sending it with a completed ESA form 50?

I am in the contribution-based ESA Support Group.

I do go out shopping because I live alone but am often distressed with the exchanges with shop assistants when the exchanges do not go to plan.

I am unable to stand up for myself and this contributed greatly to being diagnosed with anxiety and depression and suffering RSI whilst at work.

Any advice from Bro 58 or anyone else would be greatly appreciated.

bisley wrote: When I was originally awarded ESA and put into the Support Group it was on the basis of exceptional circumstances without a face-to-face medical.

I propose to re-use what will be a 3 year old Psychiatist's report and whatever up-to-date medical evidence I can get from my new G.P.

At present, she has said that she will only supply a report if I am turned down. I do not see a Psychiatrist nor a CPN.

The original report gave a Psychiatric history and stated that I was "at high risk of relapse in the face of significant psychosocial factors". I was never clear precisely what this latter expression meant.


I suffer from anxiety and depression and schizophrenia, the latter of which resulted in a hospital admission, many years ago. Anxiety is the most prevalent symptom. I have had CBT for Social Anxiety and also for General Anxiety, the latter of which is since my ESA award.


I also have only one hand. I sustained RSI to my only hand in the workplace.
I am aware that there has been changes to both the criteria of exceptional circumstances and to work-related activities.

I do not know what work-related activities there are in my area.

1. Am I right in thinking that say the DWP decision maker thinks that I could attend say a confidence building course, I would not qualify for exceptional circumstances and fail to be put in the Support Group?

This is despite the fact that I would be unable to do other activities such as Information Technology in groups.

2. Should I try and get a list of local work-related activities and hopefully supply a G.P. medical report to say that I would be at risk of relapse if I carried out these activities sending it with a completed ESA form 50?

I am in the contribution-based ESA Support Group.

I do go out shopping because I live alone but am often distressed with the exchanges with shop assistants when the exchanges do not go to plan.

I am unable to stand up for myself and this contributed greatly to being diagnosed with anxiety and depression and suffering RSI whilst at work.

Any advice from Bro 58 or anyone else would be greatly appreciated.

Hi b

If you are sure that you were placed into The SG under The Exceptional Circumstances Rules as @ ESA Reg 35 for entry to The SG (LCWRA)

Specifically ESA 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."

That would be due to the fact that it was accepted that their would be a "Substantial Risk" to your health or that of another if you were placed into The WRAG, and compelled to take part in Work Related Activity. (WFI's/WRA)

You would have to cite this, and give reason how and why there would be a Substantial Risk to your health, the onus would be on you to show that ESA Reg 35 still applied.

There has been a recent ruling on this, where the DWP must provide details of what type of WRA would be applicable to the individual claimant.

This is because WRA could involve anything from a telephone interview (WFI) to a placement through a Work Programme Provider. (WPP)

If it came to The MR/Appeal stage, you could request that they provided this information.

You should try and cover as many WRA scenarios as you can in the evidence that you submit with your ESA50.

ESA Reg 35 is generally only applied when it is felt that the claimant does not fulfill any of : The SG (LCWRA)Schedule 3 Functional Descriptors

You only need to fulfill "One" of these descriptors.

Even though you may not have qualified under any of these last time, you should still give details regarding any that you may feel applicable, as well as ESA Reg 35.

Many G.P.'s state that they will only provide evidence if needed at MR/Appeal.

To me this is a cop-out, maybe you should try and explain to the G.P. that if they provide evidence before the decision is made, that this may prevent the need for an MR/Appeal, and all the inconvenience and upset that comes with it.

Even if the G.P. could provide a letter stating that your medical conditions had not changed or improved, nor have you received any new medications/procedures that have diminished your limitations, and that you have not being able to adapt better to or cope with your limitations since the time of your current SG award, that should help.

Unfortunately, you can not force your G.P. to provide the above, and if they do not, you should make sure that you make that clear in your evidence.

This is important, if you are going to used older evidence.

"1. Am I right in thinking that say the DWP decision maker thinks that I could attend say a confidence building course, I would not qualify for exceptional circumstances and fail to be put in the Support Group?"

Any WRA would have to take into account your current health conditions and resulting limitations. Reasonable Adjustments must be made.

It would not be up to The DM, it would be for you to agree an action plan that was tailored to your needs with a JCP Adviser or WPP.

"2. Should I try and get a list of local work-related activities and hopefully supply a G.P. medical report to say that I would be at risk of relapse if I carried out these activities sending it with a completed ESA form 50?"

It is not up to you to gain detailed information of what WRA may be on offer.

As previously advised, it would be for The DWP to provide information on what WRA you may be compelled to take part in.

You can however, try and cover WFI's and WRA, and give details of any potential Substantial Risks involved.

A report from your G.P. stating that they feel that there would be Substantial Risk to your health if you were forced to comply with WFI/WRA would help.

The fact that you are "compelled" to take part under the threat of Sanctions if you don't/can't, could provide a Substantial Risk to your health if your limitations dictated that you could not guarantee compliance.

There is also the added worry and stress that may be caused to you in that you had to comply, and the adverse effects that this may have on your heath.

Changes to ESA Sanctions

Work Focused Interviews

Work Programme

Remember, when you do receive the new ESA50, treat it as if it was your first, even though you should make it clear that you are currently in The SG, and why you are in it.

The assessing HCP may not have access to any of your previous history, and they seldom bother to contact one's G.P., even when requested to.

bro58

Thank you Bro58. I was definitely awarded ESA under Regulation 35. My condition has not improved, it is just that I am not being treated by any Health Professionals that I could ask for a report apart from a new G.P. who does not know me.

I seem to recall that I tried to download a guide about Work Related Activity but I could not find it. Can you provide me with any more information?

I will ask the local CAB as to what form the WFIs and WRAs take locally so that I can try and show that I am risk of relapse of if I undertake them. You point about not being able to guarantee compliance is very relevant. I find that I can only undertake activities for short periods and that if I am put under pressure in having to do several things over a short period of time, I cannot cope. I am simply unreliable.

I wonder if Bro58 or others can help.

I do not fully understand the exceptional circumstances criteria and also the recent guidance to health professionals regarding mental health and exceptional circumstances.

1. With regard to the guidance, one of the "definitive risk"categories is stated (in your esa guide) to be "a mental health professional assesses the claimant as highly vulnerable to relapse/recurrence and self-harm".
Does this mean a) relapse alone or b) relapse/recurrence plus self-harm. If a) I qualify? I have never self-harmed.

2. With regard to the guidance, it states that "personal factor" B is a "Family history of suicide (in first degree relative". Is an Aunt or Uncle a first degree relative?

3. I need to explain in the esa form 50, that I am at high risk of relapse if I have to do work related activities. Do I have to go into detail such as stating because of Social Anxiety/lack of assertiveness, low self-esteem, I cannot undertake any group activities?