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Esa 50 form/ my phone number
8 years 1 month ago - 8 years 1 month ago #153589 by bro58
Hi s,
How best to show that you qualify for The SG is covered in our ESA Claims Guides.
If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.
You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor
If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !
So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.
With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :
ESA Reg 34. (2) Applicable to Support Group :
“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”
From : ESA Reg 34.
If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)
For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)
i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.
Have a look at Gordon's comments in : This Post regarding ESA Reg 35,
Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.
The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.
You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.
There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.
Good luck !
bro58
Replied by bro58 on topic Esa 50 form/ my phone number
sproger wrote: Thank you very much for your prompt reply bro58, I am so glad I don't have to speak to them by phone as I find this very distressing. I just have to try to find the strength to fill in this latest form over the next 4weeks. I am not in the support group but my advisor at the job centre told me about 2 years ago that she thinks I should be in the support group and has not called me in for any interviews since then.
Hi s,
How best to show that you qualify for The SG is covered in our ESA Claims Guides.
If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.
You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor
If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !
So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.
With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :
ESA Reg 34. (2) Applicable to Support Group :
“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”
From : ESA Reg 34.
If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)
For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)
i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.
Have a look at Gordon's comments in : This Post regarding ESA Reg 35,
Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.
The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.
You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.
There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.
Good luck !
bro58
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