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ESA work capability assessment queries and pregnan
- Chaz30
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7 years 11 months ago #160013 by Chaz30
ESA work capability assessment queries and pregnan was created by Chaz30
Hi, I'm new to the forum hoping for some useful advice. I've read and used the guides to fill in my latest ESA50 and been sent a date for the assessment next week. I've been on ESA since 2010 in the support group for inflammatory bowel disease, severe anxiety and depression. My bowel condition has flared up in the last two weeks, and I'm wondering what DWP rules are if you are too sick to attend the assessment? Would they stop money/ close the claim? My condition is very bad and the GP and my consultant have said if it doesn't improve over next couple of days I should be admitted to hospital, especially as I'm also 16 weeks pregnant so have to think about the baby also. Obviously I don't want to intentionally miss the assessment if it will have a detrimental affect on my benefits.
I have also read in the guides about how you should be automatically placed in the support group of ESA if "you are pregnant and there would be serious risk of damage to your health or your baby's health if you have to carry out work related activity". - would this apply? How do you prove this? And does it only apply once you are a certain number of weeks pregnant? Would I still need to attend an assessment? I should add I didn't know I was pregnant when filling out the form, and haven't informed DWP yet as you can only get the MATB1 form as proof of pregnancy once you are 20 weeks.
Any advice on these issues would be greatly appreciated. I did attend a CAB drop in session and to be honest they were useless and couldn't answer any of my queries. I know they are quite specific and individual circumstances, but I'm at a loss as to how to proceed and the stress is really effecting me.
I have also read in the guides about how you should be automatically placed in the support group of ESA if "you are pregnant and there would be serious risk of damage to your health or your baby's health if you have to carry out work related activity". - would this apply? How do you prove this? And does it only apply once you are a certain number of weeks pregnant? Would I still need to attend an assessment? I should add I didn't know I was pregnant when filling out the form, and haven't informed DWP yet as you can only get the MATB1 form as proof of pregnancy once you are 20 weeks.
Any advice on these issues would be greatly appreciated. I did attend a CAB drop in session and to be honest they were useless and couldn't answer any of my queries. I know they are quite specific and individual circumstances, but I'm at a loss as to how to proceed and the stress is really effecting me.
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- Gordon
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7 years 11 months ago - 7 years 11 months ago #160040 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA work capability assessment queries and pregnan
Chaz
You should be given two opportunities to attend an assessment. this includes your rearranging the first one, after this Maximus will return your file to the DWP who will then ask you to show Good Cause why you could not attend, illness on the day can be accepted but would probably have to be covered by a specific Fit Note or a letter from your GP. If not accepted then I'm afraid there is a real possibility that your claim could be closed.
A risk to your pregnancy could give you automatic qualification but there needs to a serious risk from your working and this would need to be supported by medical evidence to this effect. The legislation makes no reference to the age of the foetus. It's important to note that the risk must be from your working, other reasons may not be accepted.
Gordon
You should be given two opportunities to attend an assessment. this includes your rearranging the first one, after this Maximus will return your file to the DWP who will then ask you to show Good Cause why you could not attend, illness on the day can be accepted but would probably have to be covered by a specific Fit Note or a letter from your GP. If not accepted then I'm afraid there is a real possibility that your claim could be closed.
A risk to your pregnancy could give you automatic qualification but there needs to a serious risk from your working and this would need to be supported by medical evidence to this effect. The legislation makes no reference to the age of the foetus. It's important to note that the risk must be from your working, other reasons may not be accepted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
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