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ESA exemptions
- despair
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5 years 7 months ago #219542 by despair
ESA exemptions was created by despair
Hello,
I was put in SG without f2f on the strength of a letter from MH pro. confirming exceptional circs. Also said condition longterm, improvement unlikely.
I was left alone for over 5 yrs but have now been sent ESA50 for reassessmt.
Is that right? Surely that letter should exempt me from this?
I can't cope with this form, I've read in such an instance, the support letter can be faxed to Maximus.........again? Do I really have to do form again? It wasn't the form that got me into SG anyway and nothing's changed........
I was put in SG without f2f on the strength of a letter from MH pro. confirming exceptional circs. Also said condition longterm, improvement unlikely.
I was left alone for over 5 yrs but have now been sent ESA50 for reassessmt.
Is that right? Surely that letter should exempt me from this?
I can't cope with this form, I've read in such an instance, the support letter can be faxed to Maximus.........again? Do I really have to do form again? It wasn't the form that got me into SG anyway and nothing's changed........
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- Gordon
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5 years 7 months ago #219545 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA exemptions
StateMurder
I'm sorry but the letter does not exempt you from reassessment (see below), in fact, you have been lucky if it is five years since you were last assessed as the normal maximum period between assessments is three years.
If you are hoping to qualify through Substantial Risk again, then you will need to provide up to date evidence as, unlike the Descriptors, there is no on-going assumption of disability, in effect, you must prove you meet the criteria from scratch each time.
Please have a look at our current ESA Claim guides as there have been updates to the DWP guidance on Risk.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
I'm sorry but the letter does not exempt you from reassessment (see below), in fact, you have been lucky if it is five years since you were last assessed as the normal maximum period between assessments is three years.
If you are hoping to qualify through Substantial Risk again, then you will need to provide up to date evidence as, unlike the Descriptors, there is no on-going assumption of disability, in effect, you must prove you meet the criteria from scratch each time.
Please have a look at our current ESA Claim guides as there have been updates to the DWP guidance on Risk.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- despair
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5 years 7 months ago #219547 by despair
Replied by despair on topic ESA exemptions
Thanks, is it in physical or mental guide?
If I can get letter reconfirmed will that suffice?
Will look at info soon if I can locate......
If I can get letter reconfirmed will that suffice?
Will look at info soon if I can locate......
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5 years 7 months ago #219549 by Gordon
Substantial Risk applies to both but your problems appear to derive from MH issues so I would use that guide, most of the guidance changes are primarily applicable to MH problems.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA exemptions
StateMurder wrote: Thanks, is it in physical or mental guide?
If I can get letter reconfirmed will that suffice?
Will look at info soon if I can locate......
Substantial Risk applies to both but your problems appear to derive from MH issues so I would use that guide, most of the guidance changes are primarily applicable to MH problems.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 7 months ago #219556 by despair
Replied by despair on topic ESA exemptions
Strange - my form says "only send copies of medical or other info if you already have them. Don't ask or pay for new info....."
Suggests re-use of previous support letter could suffice......
Suggests re-use of previous support letter could suffice......
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5 years 7 months ago #219558 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA exemptions
StateMurder
Please ignore this, it implies actions that the DWP will not actually take. Have a look at the following.
www.benefitsandwork.co.uk/news/3721-huge...pip-medical-evidence
Gordon
Please ignore this, it implies actions that the DWP will not actually take. Have a look at the following.
www.benefitsandwork.co.uk/news/3721-huge...pip-medical-evidence
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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