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advised ESA in Mayof cancer treat ESA50 recd Aug

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7 years 10 months ago #164788 by AloneOnESA
Hi there.

I've been on ESA [WRA] for 18 months due to anxiety and depression.
In April I was diagnosed with breast cancer and advised to let ESA know.
I wrote to them 17 May enclosing copies of letters from surgeon to consultant and told them my surgery was going to be 24 May.
I asked if I could be put in the support group for a time, while the cancer treatment was going on.
Heard nothing at all until 1 August, by which time I've had the surgery and am about to start the radiotherapy. They have sent me an ESA50 to complete.

I feel like I've shot myself in the foot now and wished I'd said nothing because it looks like they have put me back to square one in re completing this form and presumably undergoing another medical.

I want to say to them, look don't bother now, it's all but too late, just leave me on WRA but of course I've opened the proverbial can of worms and they won't do that. I only wanted say, six months free of worry about WRA.

I notice in your guide it mentions radiotherapy as an exemption to having to complete the form or take the medical - See below.
If that is the case why have the asked me to complete the form?
I've told them I would need 3 weeks of daily radiotherapy.

I had said that I so not know whether I am asking for mandatory reconsideration or an appeal but that I need a break from being expected to make progress towards work at the moment, that I just need the pressure off whilst I deal with this.

I am so confused.
Should I be exempt?
Was asking mid term for a change considered mandatory consideration?
Either way, should I need to fill in the form?
Why did it take nearly 4 months to send me a flipping form?


Quote re exemption.

If you are exempt you do not have to complete an ESA50 questionnaire or attend a medical.
You automatically pass limited capability for work assessment and you may also pass the
limited capability for work-related activity assessment - the support group test - as well.
Exemptions
You will be treated as having limited capability for work if any of the following circumstances
apply:

(b) You are receiving treatment for cancer by way of chemotherapy or radiotherapy; or
you are likely to receive such treatment within 6 months; or
you are recovering from such treatment; and
the decision maker is satisfied that you should be treated as having limited capability for
work.
The presumption is that such treatment should also give you exemption from the limited
capability for work-related activity assessment, allowing you to join the support group. It
should only be in unusual circumstances, such as a claimant having only a single
radiotherapy session that is unlikely to have any significant effect, that the exemption may
not apply.

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7 years 10 months ago #164799 by Gordon
AloneOnESA

From your post you sound as if you meet the exemption grounds to be placed in the Support Group.

The ESA50 is the standard way of capturing this information, if you look at page 20 of the form there is a section for your GP to complete. Make sure that you remind the DWP that you contacted them on 17 May as it should be possible to have any upgraded award back dated to this date.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago - 7 years 10 months ago #164817 by AloneOnESA
Replied by AloneOnESA on topic advised ESA in Mayof cancer treat ESA50 recd Aug
Thanks Gordon, I thought that ... however reading this ... it looks to me as if the criteria has changed and that our info here is out of date.
I may be wrong, I find the page it's on confusingly laid out but would be grateful to know if it's changed before I cling to it!

blacktrianglecampaign.org/2012/11/16/imp...-note-for-25-and-31/

[removed]
Last edit: 7 years 10 months ago by Gordon.

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7 years 10 months ago #164824 by Gordon

AloneOnESA wrote: Thanks Gordon, I thought that ... however reading this ... it looks to me as if the criteria has changed and that our info here is out of date.
I may be wrong, I find the page it's on confusingly laid out but would be grateful to know if it's changed before I cling to it!

blacktrianglecampaign.org/2012/11/16/imp...-note-for-25-and-31/

[removed]


Please don't quote text from other sites when you have included a link to the page, it just makes you post more difficult to read,

The Black Triangle information is not relevant to your situation as it is in regard the Exceptional Circumstances not Exemptions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago #164839 by AloneOnESA
Replied by AloneOnESA on topic advised ESA in Mayof cancer treat ESA50 recd Aug
Sorry. Was just trying to be helpful...to save you looking for the relevant part. My apologies.

OK thank you. I have been getting myself confused.

Because I am already on ESA for other reasons do you imagine I still have to fill out the entire thing despite my letter asking about the support group being on the basis of the cancer issue alone ?

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7 years 10 months ago #164853 by Gordon

AloneOnESA wrote: Sorry. Was just trying to be helpful...to save you looking for the relevant part. My apologies.

OK thank you. I have been getting myself confused.

Because I am already on ESA for other reasons do you imagine I still have to fill out the entire thing despite my letter asking about the support group being on the basis of the cancer issue alone ?


If you meet the requirement for radio or chemo therapy and your GP is prepared to confirm this then you don't need to complete the whole form, just the relevant sections.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: AloneOnESA

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