Multiple Sclerosis Substantial Risk on ESA50 Form

Has anyone with Multiple Sclerosis (in particular relapsing/remitting) successfully claimed on the ESA50 form the it is a substantial risk to your mental or physical health if you were found not to have limited capability for work? The person concerned has not been able to work for over 8 years because of MS and has many adverse effects from mobility problems, to bladder problems, muscle spasms, balance and some psychological problems as well.

Thank you - this is my first post so apologies if it does not appear correctly.

I have had MS since 1986. For the first few years it was remitting/relapsing, but I now have secondary chronic progressive MS.

When I had remitting/relapsing MS, ESA had not been thought of of and I was on Incapacity Benefit and remained on IB until I reached State Pension age of 65 years old.

From the symptoms you describe your friend has I would have thought that would qualify for the ESA Support Group. However, as I only know the basics of ESA, perhaps one of the other moderators could give a more informed answer.

Your friend could also contact the MS Society

They will provide advice whether or not the person is an MS Society member, so long as they have MS.

Hope this is of some help.

MSCarer wrote: Has anyone with Multiple Sclerosis (in particular relapsing/remitting) successfully claimed on the ESA50 form the it is a substantial risk to your mental or physical health if you were found not to have limited capability for work? The person concerned has not been able to work for over 8 years because of MS and has many adverse effects from mobility problems, to bladder problems, muscle spasms, balance and some psychological problems as well.

Thank you - this is my first post so apologies if it does not appear correctly.

Hi MSC, and Welcome to Benefits and Work

You may find the link that Jim provided helpful.

An award of ESA in either group is dependent on fulfilling the qualifying descriptors, no matter what the health condition is.

" a substantial risk to your mental or physical health if you were found not to have limited capability for work?"

This is ESA Reg 29, and even if one qualified under this, it would only place the claimant in The WRAG :

www.legislation.gov.uk/uksi/2008/794/regulation/29/made

To gain access to The SG, under "Substantial Risk", one would also have to fulfill ESA Reg 35 :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

" (b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

You may wish to review our : ESA Claims Guides , 3rd and 4th links down.

And our : ESA FAQ’s , which includes : Qualifying for the WRAG and : Qualifying for the Support Group

Please return to this topic if you have any further queries.

I am sure that any members who may have qualified for ESA pertaining to your particular query will respond.

bro58

Bro58,

If a claimant believes he/she might qualify for the SG because of ESA Reg 35 instead of or as well as meeting descriptors ought the claimant state this when completing an ESA50?

There is certainly no harm in doing this - but it is always best not to rely soley on the 'exceptional circumstances' rule if there are other descriptors that apply.

Thank you Mrs HB! Good luck, MSCarer!