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TOPIC: ESA Renewal and regulation 29 and 35

ESA Renewal and regulation 29 and 35 7 months 2 weeks ago #156970

Hi everyone I am new to this site I joined yesterday.
I had my ESA form this week to complete.
I suffer with RSD and Arthritis my main symptoms is pain.
last time I had to fill the form in and I also had a face to face assessment I scored zero points and because of this I went to a tribunal and won on Regulations 29 and 35.
What i would like help with do i mention this on the form that I have to fill in.
I am not very good at wording my condition on the form and this is one of things that let me down last time, my wife is helping me with the form and we don't know if we can mention it or not.
The tribunal took in to account how my medication affects me and how my pain controls my life.
If anyone can point me in the right direction I would be very greatful.
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ESA Renewal and regulation 29 and 35 7 months 2 weeks ago #156979

Hi Pb andWelcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You should treat the reassessment as you did the original claim and fill in the ESA50 in detail and submit supporting evidence. Do not assume that DWP have any prior knowledge of you or your conditions. It is highly unlikely that anyone will access your previous files.

If you hope to reply on the 'exceptional circumstances' rules again the onus is completely on you to show that this is still the case.

Please make full use of our ESA guide when completing the ESA50 form.

ESA claims and appeals

You should bookmark or favourite this on your web browser now so that you can find it easily in future. That way you can come back and ask further questions as you go along, without having to start a new topic each time. It helps us enormously when everything related to the same claim is kept in one place, I hope you will find it helpful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 months 2 weeks ago by Mrs Hurtyback.
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The following user(s) said Thank You: Alison Brown, Painblock68

ESA Renewal and regulation 29 and 35 7 months 2 weeks ago #156982

Thank you for you help I will have a good read of the links now :)
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ESA Renewal and regulation 29 and 35 7 months 2 weeks ago #157002

Hi Mrs Hurtyback and thank you for the reply and the welcome :)

I have been looking at the links and thank you again for the useful info
When i had my Tribunal i was put in the suport group under the regulation 29 and 35.
My condtion RSD / arthritis has got worse and i am now on mst tablets which i wasn't on when i had my tribunal.

Do you think i should send i copy of the ESA 6 the decision notice from the Tribunal that i won in 2013 with my ESA50 form because it will support my point that i am trying to get across on the form regarding regulation 29 and 35.
I know the decision was made by the tribunal on my last claim and not this one but i thought it might help my claim.

I also telephoned my consultant today to ask for a letter and her secretary said that they don't do letters now and if the decision maker want to contact my consultant they can and to put this on the ESA50 form.I did have a letter from her last time and i dont get to see her now untill late August on this year.
I will be asking my GP for a letter next week at an appointment.

Just trying to get a few things together before i start to fill in the form.
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ESA Renewal and regulation 29 and 35 7 months 2 weeks ago #157014

  • Gordon
  • OFFLINE
  • Forum Moderator
Painblock

The Exceptional Circumstances regulation (29 and 35) do not operate as the other Descriptors do, there will be no presumption that you are currently affected to this degree, so you will need to provide up to date evidence that you still meet these criteria if you are to have any chance of receiving an award again through this route.

So whilst you can submit the details of your Tribunal result from 2012, I'm afraid I would not expect it to carry any weight when considered by the assessor and the Decision Maker.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: Alison Brown, Painblock68

ESA Renewal and regulation 29 and 35 7 months 2 weeks ago #157060

Thank you for the info Gordon it is much appreciated :)
I will try to get a up to date letter from my GP .
Can I mention substantial risk factor rules in the more information box on the ESA50 form ?
Thank you again
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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