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7 years 9 months ago #193932 by Perdita
Replied by Perdita on topic ESA claim
I did write 'try' every time because that is how it is. Cos, sometimes I start to go out but give up. I probably have not emphasised enough the giving up, but it is in there subtly on the form. I am inclined to write how I could be in the future to an extent too, I mean say at the moment I am going out successfully once a week but i like to think i could be going out three times a week in the future. So I tend to write to accommodate this because if I improve a little I still want to fit the form. I am confused over the substantial risk thing, because reading through your guide i fit this in some ways, but then I get the impression that you have to be extremely severe for this to put you in the support group. The low demand activities can be really low demand, so even if you cannot travel, cannot you talk to people about your health problems - these seem the sort of things that myself( a lot of people could not do ) wouldn't the job centre still place you in the WRAG and do telephone appointments and give you low demand tasks that can be done at home ?

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7 years 9 months ago #193947 by Perdita
Replied by Perdita on topic ESA claim
I am tempted to claim the substantial risk thing because I cannot travel, talk about my health conditions etc.(my care coordinator has said there is no way i should be doing work related activites) If I decide to claim substantial risk, as I have not done anything about substantial risk on my esa50, which I have already sent, should I still send in substantial risk paperwork to maximus or just to esa office dealing with claim? Also,is it important to send in substantial risk paper work before the medical assessment?

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7 years 9 months ago #193948 by Gordon
Replied by Gordon on topic ESA claim
Cruella

A Decision to make an award and to place to you in the WRAG or the SG is entirely dependant on you meeting the relevant criteria, so ESA doesn't look at whether you can work, this is a conclusion that results from you meeting the criteria, in the same way they won't look at whether you can carry out the activities you might be asked to do in the WRAG, you will be placed in one group or the other because you meet the criteria for that group.

Gordon

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

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7 years 9 months ago #193952 by Perdita
Replied by Perdita on topic ESA claim
ok thank you, so does the substantial risk thing only become relevant at the end of the assessment if you have not been allocated the support group but know being in the WRAG will be detrimental to your health? Is it at this point you would have to say can they look at you as being a substantial risk?

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7 years 9 months ago #193953 by Gordon
Replied by Gordon on topic ESA claim

Cruella wrote: I am tempted to claim the substantial risk thing because I cannot travel, talk about my health conditions etc.(my care coordinator has said there is no way i should be doing work related activites) If I decide to claim substantial risk, as I have not done anything about substantial risk on my esa50, which I have already sent, should I still send in substantial risk paperwork to maximus or just to esa office dealing with claim? Also,is it important to send in substantial risk paper work before the medical assessment?


Failing to detail anything in regard to Substantial Risk may count against you.

You certainly need to provide details AND evidence on any issues you have with this in advance of the Assessment to Maximus.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #193956 by Gordon
Replied by Gordon on topic ESA claim

Cruella wrote: ok thank you, so does the substantial risk thing only become relevant at the end of the assessment if you have not been allocated the support group but know being in the WRAG will be detrimental to your health? Is it at this point you would have to say can they look at you as being a substantial risk?


Yes, Substantial Risk is only looked at if the claimant has failed to meet the criteria for the groups.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Perdita

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