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ESA - mental health problems not in ESA form50?
10 years 9 months ago #107069 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - mental health problems not in ESA form50?
Bisley
Sorry, it looks like it slipped through
1. Additional sheets do not need to be signed unless a friend or relative has made a statement, but they do need to have the claimants full name, date of birth and National Insurance Number.
2. They need to explain why they have refused to see a Dermatologist, whilst it should not count against them if their reasons are reasonable, it may still colour how ATOS or the DWP will look at it, especially if they are hoping to score points because of it.
3. There are two Exceptional Circumstances Regulations; Regulation 29 which considers whether working would be a danger to the claimant and results in a WRAG placement if met, and Regulation 35 which looks at whether there would be a danger from Work Related Activity and results in a Support Group placement.
If the Decision being challenged was made after 28 January then Reg. 29 is amended to include reasonable changes to the working environment to accommodate the claimant and treatment that has been prescribed by a doctor. See the latest guides for more details.
Unfortunately, the DWP can assume that a desk based job would be reasonable; for example a call centre, you need to show that any type of work is not reasonable even where there are changes to the working environment, to be placed in the WRAG under Reg.29.
If you can show that Work Related Activity would be a danger (Reg.35), then they may be placed in the Support Group, however, there is no clear definition of what WRA consists of, so you cannot make a generic statement, you need to be specific about the activities and why the claimant could not carry them out.
Gordon
Sorry, it looks like it slipped through
1. Additional sheets do not need to be signed unless a friend or relative has made a statement, but they do need to have the claimants full name, date of birth and National Insurance Number.
2. They need to explain why they have refused to see a Dermatologist, whilst it should not count against them if their reasons are reasonable, it may still colour how ATOS or the DWP will look at it, especially if they are hoping to score points because of it.
3. There are two Exceptional Circumstances Regulations; Regulation 29 which considers whether working would be a danger to the claimant and results in a WRAG placement if met, and Regulation 35 which looks at whether there would be a danger from Work Related Activity and results in a Support Group placement.
If the Decision being challenged was made after 28 January then Reg. 29 is amended to include reasonable changes to the working environment to accommodate the claimant and treatment that has been prescribed by a doctor. See the latest guides for more details.
Unfortunately, the DWP can assume that a desk based job would be reasonable; for example a call centre, you need to show that any type of work is not reasonable even where there are changes to the working environment, to be placed in the WRAG under Reg.29.
If you can show that Work Related Activity would be a danger (Reg.35), then they may be placed in the Support Group, however, there is no clear definition of what WRA consists of, so you cannot make a generic statement, you need to be specific about the activities and why the claimant could not carry them out.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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