ESA - mental health problems not in ESA form50?

Thanks bro. I am sorry I misread your reply about repayment of benefit. I think I will try and see if the senior G.P. will amend his report before I do anything else.

bisley wrote: Thanks bro. I am sorry I misread your reply about repayment of benefit. I think I will try and see if the senior G.P. will amend his report before I do anything else.

No worries b,

It must be a very difficult situation for you to deal with.

Please keep us updated.

bro58

I am hopeful the senior G.P. will amend his report to at least remove the factual inaccuracies that will prejudice my relative's claim. The problem remains generally that the report does not comment in detail on my relative's limitations. I can hopefully supply more medical evidence at a later date.
My relative's ESA 50 form will include a claim that he be put in the support group on the basis of exceptional circumstances. He will say that he has difficulty in breathing and has resultant fatigue (due to pulmonary embolus, heart failure and atrial fibrillation). For these reasons, he would be likely to collapse from exhaustion and would be unable to concentrate for any prolonged length of time if he had to carry out any tasks in the work Related Activity Group, even if he is sitting down. No reasonable adjustments can be made and all prescribed medication being taken. For the same reasons, he would not be fit to work in a sedentary job.
My relative takes several water tablets and has to go to the toilet all day long. He also coughs. This would cause disturbances in the workplace as well as tiring my relative. Should this also be included in the claim for exceptional circumstances?
Have members any experience of getting into the support group with the medical conditions that my relative has?

bisley wrote: I am hopeful the senior G.P. will amend his report to at least remove the factual inaccuracies that will prejudice my relative's claim. The problem remains generally that the report does not comment in detail on my relative's limitations. I can hopefully supply more medical evidence at a later date.
My relative's ESA 50 form will include a claim that he be put in the support group on the basis of exceptional circumstances. He will say that he has difficulty in breathing and has resultant fatigue (due to pulmonary embolus, heart failure and atrial fibrillation). For these reasons, he would be likely to collapse from exhaustion and would be unable to concentrate for any prolonged length of time if he had to carry out any tasks in the work Related Activity Group, even if he is sitting down. No reasonable adjustments can be made and all prescribed medication being taken. For the same reasons, he would not be fit to work in a sedentary job.
My relative takes several water tablets and has to go to the toilet all day long. He also coughs. This would cause disturbances in the workplace as well as tiring my relative. Should this also be included in the claim for exceptional circumstances?
Have members any experience of getting into the support group with the medical conditions that my relative has?

Hi b,

I would be most surprised if you received a report from a G.P. that would be "word perfect" with respect to what you need, although not impossible.

Many, many G.P.'s are point blank refusing to provide any form of written support.

I would firstly go into detail of how and why your relative fulfills at least one of the qualifying "Functional" SG Descriptors, if applicable :

SG (LCWRA)Schedule 3 Descriptors

Then go into detail, whilst referring to any evidence, of how and why your relative or another person would suffer "Substantial Risk" as at ESA Reg 35. (2) (a) & (b) if that is the case. :

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement;

and

(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."

From :

ESA Reg 35 for entry to The SG (LCWRA)

We advise against relying on ESA Reg 35 alone,as the DWP DM will only consider this "Non Functional Descriptor" if the claimant does not qualify under any of the "Functional Descriptors" under Schedule 3.(ESA Reg 34 (1) )

So if possible, use ESA Reg 35 as a back up.

bro58

As I have previously posted, I have no doubt that my relative will refuse to attend a face-to-face medical because of his undiagnosed and untreated mental health problems. My relative gets very angry about any changes. He has been cautioned for Affray against another family member. I note that the form 113 that is sometimes sent to G.P.s contains a question asking if the patient has a history of threatening or violent behaviour. I believe this is because an ATOS professional would be at risk in a face-to-face medical. In my relatives case, the G.P. would be able to say from their records that there was a history of complaints from the family about my relative and that the police has been involved. What I want is for ATOS to assess my relative on the paperwork (which is an option for a Tribunal hearing).
Would ATOS accept a letter from the family backed up by a medical report to ask that the face-to-face medical be waived? Could I approach my M.P. about this?
The family has a history of severe mental ill-health, with 3 of my father's siblings having severe mental health problems and 2 us children having diagnosed with severe mental ill-health.
My Psychiatrist in my medical report for my esa claim which was successful without a face-to-face medical, said that there was likely to be a genetic link to our family's severe mental ill-health. He was sympathetic and ,at best, could probably say that the cause of my relative's anger is due to mental ill-health without actually being able to assess him. Would this be any good.