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6 years 6 months ago #151102 by summertrain
Replied by summertrain on topic Additional Information
Can you suggest any wording that I might put on the form to claim exceptional circumstances? My GP in his supporting letter does in fact indicate that I would be at risk if I were found fit for work.
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6 years 6 months ago #151142 by Gordon
Replied by Gordon on topic Additional Information

summertrain wrote: Can you suggest any wording that I might put on the form to claim exceptional circumstances? My GP in his supporting letter does in fact indicate that I would be at risk if I were found fit for work.


Your letter needs to address each of the requirements detailed in the Exceptional Circumstances Regulations

For Regulation 29.

29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.

(2) Subject to paragraph (3) this paragraph applies if–

(b) the claimant suffers from some specific disease or bodily or mental disablement and, 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.

2(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by–

(a) reasonable adjustments being made in the claimant’s workplace; or
(b) the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.


For Regulation 35

35.—(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.

I've bolded the key areas you need to address.

- you must identify the condition that would lead to the risk
- you must identify the risk and it must be reasonably considered as substantial
- you must identify what would harm could be done

For Reg. 29

- you must identify the activities that would lead to the risk, this covers everything from travelling to work, working and then returning home.
- you must explain why reasonable adjustments would not help.
- you must explain why your prescribed medication cannot overcome the risk.

For Reg.35

- you must explain why any Work Related Activity would pose a risk, WRA includes interviews you might be asked to attend at your local JC+ or over the phone, training and providing documentation such as a CV.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: summertrain
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6 years 5 months ago - 6 years 5 months ago #151930 by summertrain
Replied by summertrain on topic Additional Information
As has already been pointed out the new ESA50 pdf has very little space for your information. I have added extra A4 sheets for those descriptors that require it, as suggested by B&W.

Would you attach the relevant additional A4 sheet to the back of the relevant page, or simply add them all together at the end? Does it really matter? The sheets are all referenced to the page number and descriptor with full name and NI number at the top in bold print. The advantage of adding A4 copies is that you can you use bold or italic print to emphasise a point. You can't do this on the pdf.

Previously, I had added copies of Doctors and Consultants letters at the back all stapled together.
Last edit: 6 years 5 months ago by .
6 years 5 months ago - 6 years 5 months ago #151942 by
Replied by on topic Additional Information

summertrain wrote: As has already been pointed out the new ESA50 pdf has very little space for your information. I have added extra A4 sheets for those descriptors that require it, as suggested by B&W.

Would you attach the relevant additional A4 sheet to the back of the relevant page, or simply add them all together at the end? Does it really matter? The sheets are all referenced to the page number and descriptor with full name and NI number at the top in bold print. The advantage of adding A4 copies is that you can you use bold or italic print to emphasise a point. You can't do this on the pdf.

Previously, I had added copies of Doctors and Consultants letters at the back all stapled together.


Hi St,

I see that you have other ESA related topics which I will merge with this one for continuity !!

There are still a few where you have posted in someone else's topic that you can access by left clicking on your username.

I would put all your added A4 pages in order to the back of the ESA50 Form so as not to damage or alter the format of the actual form.

Yes, you can use staples or : Treasury Tags

If you have compiled an Index to Content, you could put that at the front of The ESA50 !!

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic ! :)

bro58
Last edit: 6 years 5 months ago by .
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6 years 5 months ago #152117 by summertrain
Replied by summertrain on topic Additional Information
Re: Supporting letters: The ESA 50 says not to get any "new or specially prepared" information to support your application. They say to send any information that you already have. What planet are these jokers on? What are the mods comments on this?
6 years 5 months ago #152119 by
Replied by on topic Additional Information

summertrain wrote: Re: Supporting letters: The ESA 50 says not to get any "new or specially prepared" information to support your application. They say to send any information that you already have. What planet are these jokers on? What are the mods comments on this?


Hi St,

Take no notice, you can send any evidence that supports your qualification for the appropriate ESA "Group" !!

bro58
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