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Esa and dla
- brad72
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brad72 wrote: Hi, sorry meant to ask this in my last post I do have a letter dated about april last year from my specialist is it to out of date to send that in, also if I was to fail my wca ad wanted a mandatory consideration would I still get paid while this is on going seens as im being transferd or am I classed the same as everone else. Thanks
Hi b72,
I have merged this post with your ongoing topic.
It is fine to use older evidence, but in referencing it as evidence you would have to make it clear that your medical conditions mentioned in the evidence had not improved since the date of the letter, and that the limitations that you suffer as a result of the medical conditions had not diminished and therefore would still have an adverse effect on you carrying out any of the applicable ESA Activities/Descriptors, or that it still pointed to the fact that you may qualify under ESA Reg 29 and/or ESA Reg 35 with respect to "Substantial Risk" to your mental or physical health or the mental or physical health of another person.
Remember, even though it is important that you clarify and provide evidence of the medical conditions that you suffer with, it is the Limitations that you suffer as a result of the medical conditions and how they adversely affect you carrying out the ESA Activities that may result in you receiving an ESA Award !
To somewhat paraphrase Tony Bliar with his mantra Education, Education, Education !!
With ESA it is Limitation, Limitations, Limitations !!!!!!
If you receive a "fit for work" decision, although you will not receive any ESA payments whilst the MR process is ongoing, you can revert back to ESA Assessment Rate if your MR is unsuccessful and you go on to appeal to The Tribunal Service.
To gain some income whilst the MR process is ongoing it is possible to claim JSA !
Don't worry about that for now, we will advise on that if/when needed, concentrate on dealing with your ESA50, etc.
bro58
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- brad72
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- brad72
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- Gordon
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brad72 wrote: Hi is it worth sending my doctors letter that just says suffers from frequent epilepsy and depression and anxiety. As my gp is not helping much as she is not my origanal gp or is it not worth sending it as I do have fits every week. Thanks
There's no need for you to repeat questions, the Mods are only available at certain times of the day.
It would help more if your GP would define what frequently is supposed to mean but even without that the letter would seem to be supportive of your claim, you can always explain in more detail on the form how often you are having fits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- brad72
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