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Exceptional Circumstances.
- WmWallace
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10 years 8 months ago - 10 years 8 months ago #109150 by WmWallace
Exceptional Circumstances. was created by WmWallace
Hi All,
I have been placed in the support group under the exceptional circumstances criteria, my question is that there are a number of other health issues I have,
• Ischemic heart disease.
• Unstable angina.
• Mobility problems, cant walk more than 20-30 meters.
• Mental health issues.
I requested an ESA85A and the only reason I have been placed in the support group is under exceptional circumstances criteria.
Exceptional circumstances
That you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity.
I would like to know have they taken account of all my health problems under this heading.
Regards,
wmwallace
I have been placed in the support group under the exceptional circumstances criteria, my question is that there are a number of other health issues I have,
• Ischemic heart disease.
• Unstable angina.
• Mobility problems, cant walk more than 20-30 meters.
• Mental health issues.
I requested an ESA85A and the only reason I have been placed in the support group is under exceptional circumstances criteria.
Exceptional circumstances
That you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity.
I would like to know have they taken account of all my health problems under this heading.
Regards,
wmwallace
Last edit: 10 years 8 months ago by Gordon.
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10 years 8 months ago #109151 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Exceptional Circumstances.
WW
Congratulations on the Support Group award.
Regulation 35 is not considered until all of the Support Group descriptors have been eliminated, this does not mean that your other problems were not considered and you may have scored points for them, but from what you posted they were not considered bad enough to meet the SG requirements.
Gordon
Congratulations on the Support Group award.
Regulation 35 is not considered until all of the Support Group descriptors have been eliminated, this does not mean that your other problems were not considered and you may have scored points for them, but from what you posted they were not considered bad enough to meet the SG requirements.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), WmWallace
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10 years 8 months ago #109152 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Exceptional Circumstances.
Hi W,
I'm afraid we don't have crystal balls so cannot tell you if all your health problems have been taken into consideration.
However, in my opinion does it really matter ? Just be pleased that you're in the support group.
You could contact the DWP, but my advice for what it's worth is to leave things as they are.
The final decision has of course got to be made by you.
Best regards,
Jim
I'm afraid we don't have crystal balls so cannot tell you if all your health problems have been taken into consideration.
However, in my opinion does it really matter ? Just be pleased that you're in the support group.
You could contact the DWP, but my advice for what it's worth is to leave things as they are.
The final decision has of course got to be made by you.
Best regards,
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: WmWallace
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10 years 8 months ago - 10 years 8 months ago #109168 by WmWallace
Replied by WmWallace on topic Exceptional Circumstances.
Hi Thanks Gordon and Jim,
The reason I ask is that I have been told, you have to prove that you merit Exceptional Circumstances I and this award be taken away at any time. is this true?
If you get placed in the support group because you gain enough point, then they cannot willfully take you out without having evidence that you condition has improved.
I believe that my other conditions would get me into the support group. I just wanted to establish if this was normal.
regard,
wmwallace
The reason I ask is that I have been told, you have to prove that you merit Exceptional Circumstances I and this award be taken away at any time. is this true?
If you get placed in the support group because you gain enough point, then they cannot willfully take you out without having evidence that you condition has improved.
I believe that my other conditions would get me into the support group. I just wanted to establish if this was normal.
regard,
wmwallace
Last edit: 10 years 8 months ago by Gordon.
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10 years 8 months ago - 10 years 8 months ago #109170 by Gordon
The burden of proof lies with the claimant in regard to the Exceptional Circumstances, but this does not mean that they can just take it away from you, this can only happen through a re-assessment of your claim, although at that point you would need to show again that you met the Reg.35 criteria.
In principle, having been placed in the Support Group on one of the descriptors, it is not points based, the DWP would have to show that you condition had improved in order to remove you from the SG, but this is an argument for a Reconsideration or Appeal, after the event, rather than something will stop them doing it in the first place.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Exceptional Circumstances.
WmWallace wrote: Hi Thanks Gordon and Jim,
The reason I ask is that I have been told, you have to prove that you merit Exceptional Circumstances I and this award be taken away at any time. is this true?
If you get placed in the support group because you gain enough point, then they cannot willfully take you out without having evidence that you condition has improved.
I believe that my other conditions would get me into the support group. I just wanted to establish if this was normal.
regard,
wmwallace
The burden of proof lies with the claimant in regard to the Exceptional Circumstances, but this does not mean that they can just take it away from you, this can only happen through a re-assessment of your claim, although at that point you would need to show again that you met the Reg.35 criteria.
In principle, having been placed in the Support Group on one of the descriptors, it is not points based, the DWP would have to show that you condition had improved in order to remove you from the SG, but this is an argument for a Reconsideration or Appeal, after the event, rather than something will stop them doing it in the first place.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 8 months ago by Gordon.
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