Some questions about 'Limited capability' form

Hi

I recently received the form 'Limited capability for work questionnaire ESA50 01/13'. They need the letter back by the 8th August. If I send it off in the next day or so and they make a decision quickly, for arguments sake they say no. Will they still pay me up to the 8th of August?

Also I have extra pieces of paper to send with the form. E.g 'About your illnesses or disabilities' on page 5. Will it be best to staple the piece of paper to page 5?

One last thing. I have started to cut myself again after receiving this form and a little bit of blood is on the form. Will it be best for me to request another?

Thankyou very much for reading this and I really appreciate an comments.

Ryan1uk wrote: Hi

I recently received the form 'Limited capability for work questionnaire ESA50 01/13'. They need the letter back by the 8th August. If I send it off in the next day or so and they make a decision quickly, for arguments sake they say no. Will they still pay me up to the 8th of August?

Also I have extra pieces of paper to send with the form. E.g 'About your illnesses or disabilities' on page 5. Will it be best to staple the piece of paper to page 5?

One last thing. I have started to cut myself again after receiving this form and a little bit of blood is on the form. Will it be best for me to request another?

Thankyou very much for reading this and I really appreciate an comments.

Hi R1uk,

Welcome to Benefits and Work

As you still have 3 weeks to return the ESA50 by the deadline date of 08/08/13, you might wish to consider transferring the information on the paper ESA50 to a Pdf version, there are many advantages to using the Pdf ESA50 :

Using The PDF Version Of The ESA50 Questionnaire

If you haven't already done so, you should refer to the guides under the heading of "New ESA50 form", whilst filling The ESA50 in

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

If you don't wish to use the Pdf version, I wouldn't worry too much regarding the blood on the form, as long as the writing is still legible.

The DWP will continue to pay your current rate of benefit, until they have made a decision.

The August 8th date, is only the date that your ESA50 form must be back with ATOS.

The only way that your current benefit may cease, is if you failed to return the form by that date.

Once ATOS have received the ESA50, they will then decide whether they need to assess you face to face, or they may simply assess you on the paper evidence alone.

They will then make recommendations in a medical report, and return this to The DWP who then make a decision.

So, as you can see, the date of any decision could be several weeks after the return of The ESA50.

You should attach any added evidence as best you can. It may be best to attach it to the front or back of the actual ESA50.

You should only provide copies of any evidence, (keep originals) and put your Name, NI Number and DOB at the top of any extra pages.

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

bro58

Hi

I think I fall into exceptional circumstances. How would I go about adding that to my Limited capability for work questionnaire, would I add it to other information? I suffer from anxiety and depression. If I did not get into the WRAG and had to start claiming JSA, I could not cope. I may start to self harm, or worse. I could not go to the job centre, work interviews etc so my benefits would stop. I could not buy food, pay bills etc.

Any help at all would be fantastic and very very much appreciated.

Thankyou

Hi R1uk,

I have merged your post with your previous topic.

This helps the Mods to offer advice.

You can Bookmark/Favourite this page in your browser and then return to it with any further queries.

I have had to edit parts of your post.

Please see Rule 8. on this FAQ :

Why have you deleted my post?

I will try to answer your query on my next post.

bro58

Ryan1uk wrote: Hi

I think I fall into exceptional circumstances. How would I go about adding that to my Limited capability for work questionnaire, would I add it to other information? I suffer from anxiety and depression. If I did not get into the WRAG and had to start claiming JSA, I could not cope. I may start to self harm. I could not go to the job centre, work interviews etc so my benefits would stop. I could not buy food, pay bills etc.

Any help at all would be fantastic and very very much appreciated.

Thankyou

Hi R1uk,

As you may know, there are two exceptional circumstances rules, one gives entry to the WRAG :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made


&

ESA Reg 35 for entry to The SG (LCWRA)

As it seems from your query that you think that you qualify under one or both of ESA Regs 29/35, due to "Substantial Risk" as at ESA Reg 29. (2) (b), and ESA Reg 35. (2) (a) & (b).

You would first have to prove that you "suffer from some specific disease or bodily or mental disablement" as at 29. (2) (b) and would need to provide medical evidence of this.

You would then have to prove with evidence , that 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.

So you would have to go into detail of how and why there would be substantial risk to yourself or others if you were found fit for work.

Similar with ESA Reg 35 first prove 35. (2) (a) :

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

Then go on to give details of how there would be substantial risk to yourself of others if you were not placed into The SG.

If you can gain the support of your G.P. or other treating HCP in this, it would help.

bro58