Exceptional Circumstances

I have been migrated from IB to WRAG ESA on mental health grounds.

I hope I might fit the WRAG Exceptional Circumstances (ie. for getting into the Support Group), since in the past (while on IB) when I was pressured (by secondary healthcare workers and 2 support agencies)into doing things which I think may be considered as work-realted activities (i.e confidence course, computer course, work experience and voluntary work),the depression and anxiety aspects of my bipolar disorder became much more severe - to the point of suicidal thoughts. I can envisage this happening again while in the WRA Group.

How do you go about getting DWP to consider you for the Exceptional Circumstances on the basis of "..substantial risk to mental or physical health of any person..."?

I read in the WCA handbook that a full Limited Capability for Work and Limited Capability for Work-Related Activity medical assessment is required for Exceptional Circumstances, but I did not have a medical so how do I go about getting DWP to consider me for the Exceptional circumstances for getting into the Support Group?

You will need to provide DWP with compelling evidence to back up your claim that you meetthe exceptional circumstances criteria. Letters from some of the people who were involved with your previous efforts might fit the bill.

thanks for the good advice. However, how would i kick start the Exceptional Circumstances application procedure ? If by appealing, I don't think appealing would be appropriate since I didn't go into the effects my previous efforts had on my mental health as there were no relevant descriptors on the ESA50 (if only I had discovered your services earlier!), so in effect they never made a decision on this so there is in effect nothing for me to appeal about, is there ?

Is there any other approach to start the process of raising the issue of Exceptonal Circumstances apart from appealing?

Also, should I request a face to face medical assessment, (since they did not require me to have one)as according to the WCA assessment handbook the medical is the place where Exceptional Circumstances are considered, I believe.

You could write to the office dealing with your ESA transfer, telling them why you believe you meet the EC criteria. You can mention that you think this means that you need a face-to-face assessment but you cannot insist on one. It might increase your chances at appeal if you have requested a 'medical' but were ignored.