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ESA New Reg. 35 Guidance?

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6 years 4 months ago #201316 by carol_b
Replied by carol_b on topic ESA New Reg. 35 Guidance?
Thank you for your help so far. My MR notice also contains the following paragraph:

"The question is not whether you could undertake any work-related activity but whether a
risk to anyone's health would occur if you were required to do so. Being unable to carry out an activity does not mean such a risk is present. A substantial risk to the health of yourself or another person must be identified".

Also, since I have already written what I wanted to say in my MR letter, I don't know what to put that is new on the sscs1 grounds for appeal. Is it ok to just repeat "I believe that my capabilities have been overstated, and I believe that by correctly scoring the descriptors relevant to my conditions that I do qualify for the Support Group" which is what I put in the MR letter.

I have not got any further evidence I can send yet, so do I have to state on the sscs1 that I will send more evidence when I have it, or can I just send it when I do? Is there a template for a covering letter?

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6 years 4 months ago #201334 by Gordon
Replied by Gordon on topic ESA New Reg. 35 Guidance?
Carol

They are just confirming the law, as they say it's not about your ability to perform the Work Related Activity it is the risk to you or others if you are asked to.

It's perfectly OK to repeat what you have already said for your MR on the SSCS, but remember you do not have to provide a detailed response at this time. There is a sample completed SSCS1 in the Submission document in the ESA section.

The Tribunal Service will be expecting you to make a submission once you have received the DWP's one, so you don't need to say that you will be sending more information.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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