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TOPIC: Substantial risk 29 & 35 ESA Exceptional. Confused

Substantial risk 29 & 35 ESA Exceptional. Confused 3 days 15 hours ago #226115

3 years ago on my last ESA Assessment I also included being subject to REG 35 part 2 I believe it was, meaning I would be at substantial risk of injury if I was found to be capable of a work related activity LCWRA.

I was placed in the SG with no assessment and wanted to know if I can use the exceptional circumstances and list the risks I might become ill from.
For example working with people or crowds and agoraphobic and increase in severity of symptoms and need to increase medication etc.
Working in an office with air con and high level of Aspergillus in the systems leading to increase in my aspergillosis infection and could lead to coughing up blood and more infection and treatment from within hospital.

Or would it be better a letter from a private psychologist I'd seen with the change to Exc. Circumstances?

If you have both physical and MH problems are they the same worded from the guides about bodily disablement etc.

Any help appreciated.
Thank you so much

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Substantial risk 29 & 35 ESA Exceptional. Confused 2 days 23 hours ago #226143


You will need up to date medical evidence to support your meeting the Substantial Risk Regulations as unlike the ESA Descriptors, there is no on-going assumption of disability and you need to show that you meet the criteria from scratch each time.

The Regulations are worded the same whether you have physical or mental health problems and there is no reason why you cannot meet the criteria for multiple reasons.

The following user(s) said Thank You: Lynn M

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