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TOPIC: ESA for exceptional circumstances and..

ESA for exceptional circumstances and.. 7 years 10 months ago #65735

  • Serenity
Hi

Sorry if this has been asked before.

The ESA form doesn't mention anything about exceptional circumstances as far as I can see, so how do you go about mentioning it? Should I state I/she should be assessed as having exceptional circumstances due to, etc etc. Or does the decision maker decide that from what you write in each answer?

Also, as I'm filling the form in for my daughter should I fill in the form as if I was her, then sign my name or should say "Serenity Madeupname finds so and so difficult because, etc"

I hope someone can help

Thanks

P.S. She has already been on ESA for over a year but due to sending an update letter in to put her into the support group (which they accepted) they have asked us to fill in another questionnaire (the same as first time claimants). The first time around we didn't know how complicated the forms were so scored 0 on the medical, sent no doctors letters in, but won the appeal before having to attend a tribunal. Her conditions have deteriorated considerably since then.

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Re: ESA for exceptional circumstances and.. 7 years 10 months ago #65740

  • Serenity
I have one more question. Should I list the descriptors and point them as I feel they should be scored, or should that be also left to the dwp?

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Re:ESA for exceptional circumstances and.. 7 years 10 months ago #65742

  • bro58
Serenity wrote:

Hi

Sorry if this has been asked before.

The ESA form doesn't mention anything about exceptional circumstances as far as I can see, so how do you go about mentioning it? Should I state I/she should be assessed as having exceptional circumstances due to, etc etc. Or does the decision maker decide that from what you write in each answer?

Also, as I'm filling the form in for my daughter should I fill in the form as if I was her, then sign my name or should say "Serenity Madeupname finds so and so difficult because, etc"

I hope someone can help

Thanks

P.S. She has already been on ESA for over a year but due to sending an update letter in to put her into the support group (which they accepted) they have asked us to fill in another questionnaire (the same as first time claimants). The first time around we didn't know how complicated the forms were so scored 0 on the medical, sent no doctors letters in, but won the appeal before having to attend a tribunal. Her conditions have deteriorated considerably since then.


Hi S,

You are correct, the ESA50, does not mention exceptional circumstances.

The DM or ATOS are supposed to decide whether the claimant falls under this criteria, from evidence in ESA50, and from any extra evidence provided by the claimant.

If you wish to draw their attention to this, there is nothing wrong with typing up some evidence re this, and pointing out why you feel that your daughter meets the criteria of the exceptional circumstances.

You can then add this to your ESA50, and even send copy also to the Decision Maker.

Have you read all the ESA Guides in the orange "MEMBERS ONLY" area on the left, they are very good.

Re you filling in the ESA50 for your daughter, there should not be a problem in you doing this in "first person", as if you were your daughter.

Just fill in the box on the ESA50 stating that you have filled it in on her behalf, and why.

cheers

bro58

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Re:ESA for exceptional circumstances and.. 7 years 10 months ago #65744

  • Serenity
Thank you bro58 :)

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Re: ESA for exceptional circumstances and.. 7 years 10 months ago #65746

  • bro58
Serenity wrote:

I have one more question. Should I list the descriptors and point them as I feel they should be scored, or should that be also left to the dwp?


Hi,

I would certainly go into detail of how your daughter's limitation fit the relevant descriptors, using extra pages if needed.

By doing this the relevant points "should" be awarded.

You could make comment if you wished, as to how your daughter should be awarded the maximum points for relevant descriptors, but that is entirely up to you.

Hope this helps.

bro58

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Re:ESA for exceptional circumstances and.. 7 years 10 months ago #65747

When you complete the ESA50 for your daughter, you can always indicate on the form in the "other information" section, that either Regulation 29(2)(b) should be taken into account for the work-related activity group, or as would appear to be more appropriate for your daughter's circumstances, that Regulation 35(2)(b) pertinent to the support group applies.

This will ensure that the approved disability analyst (ADA) is aware that the exceptional circumstances are expected to be considered for the purposes of the WCA. The ADA will be required however during the medical assessment whether it be under the process of medical scrutiny or a face-to-face assessment, the reasons why the exceptional circumstances regulation either does or does not apply.

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