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7 years 3 months ago #178545 by pat
ESA was created by pat
Hi
Can I get some advice please.
My daughter is having a sever mental health relapse she is confined to her room and not able to do anything really.
I have a ESA from to fill in for her (reassessment) its dated 25 December but we did not receive it until the 31 December.
I have only done 3 questions and to be honest I can not cope with it. Is there a letter that I could write to tell them how ill she is and that she should be put state into the support group.
Can I get some advice please.
My daughter is having a sever mental health relapse she is confined to her room and not able to do anything really.
I have a ESA from to fill in for her (reassessment) its dated 25 December but we did not receive it until the 31 December.
I have only done 3 questions and to be honest I can not cope with it. Is there a letter that I could write to tell them how ill she is and that she should be put state into the support group.
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- slugsta
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7 years 3 months ago - 7 years 3 months ago #178561 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA
Hi Pat,
I am sorry that you are having to deal with the ESA forms at a time when your daughter is so ill
I'm afraid ESA will only be awarded if you clearly show how/why your daughter meets the, very specific, descriptors. Simply writing and telling them that she is very poorly will not do the trick!
I am sorry that you are having to deal with the ESA forms at a time when your daughter is so ill
I'm afraid ESA will only be awarded if you clearly show how/why your daughter meets the, very specific, descriptors. Simply writing and telling them that she is very poorly will not do the trick!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 3 months ago by slugsta.
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- pat
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7 years 3 months ago #179257 by pat
Replied by pat on topic ESA
Hi Mrs Hurtyback
I have nearly finish the ESA form. I will send it on it own on Monday (recorded delivery). I will send additional information later when I gather it together. I just want to make sure that they get the form by the 25 January.
What I wanted to ask is how do I word the exceptional circumstances rules. I think it may apply to my daughter on a number of the questions and I do not know how address it.
Kind regards
Pat.
I have nearly finish the ESA form. I will send it on it own on Monday (recorded delivery). I will send additional information later when I gather it together. I just want to make sure that they get the form by the 25 January.
What I wanted to ask is how do I word the exceptional circumstances rules. I think it may apply to my daughter on a number of the questions and I do not know how address it.
Kind regards
Pat.
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- Gordon
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7 years 3 months ago #179263 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Pat
Unlike the other ESA Descriptors where historical evidence can still be used, the two Substantial Risk Regulations require that current medical evidence is supplied.
First there must be a specific named condition or bodily disablement that leads to the risk.
The risk must be substantial. Decision Makers are told
"A risk is substantial where the harm or damage to the person’s health would be serious, and could not be prevented or mitigated. It is not minor or trivial. It may be immediate, or in the longer term. The risk of harm has to be caused by the individual claimant’s physical or mental health condition, and be triggered by being required to work or found not to have LCWRA."
For Regulation 29 the risk must be related to a requirement to work this includes activities that would be associated with working such as travelling to and from a place of employment.
The risk must not be reasonably mitigated by prescribed medication or reasonable adaptions that an employer might be expected to make.
For Regulation 35 the risk must be associated with Work Related Activity, to be clear this does not mean working, there is a list of WRA in the ESA Claim guide due to Mental Health problems.
The following is the DWP guidance.
www.gov.uk/government/uploads/system/upl...e/430908/m-17-15.pdf
Gordon
Unlike the other ESA Descriptors where historical evidence can still be used, the two Substantial Risk Regulations require that current medical evidence is supplied.
First there must be a specific named condition or bodily disablement that leads to the risk.
The risk must be substantial. Decision Makers are told
"A risk is substantial where the harm or damage to the person’s health would be serious, and could not be prevented or mitigated. It is not minor or trivial. It may be immediate, or in the longer term. The risk of harm has to be caused by the individual claimant’s physical or mental health condition, and be triggered by being required to work or found not to have LCWRA."
For Regulation 29 the risk must be related to a requirement to work this includes activities that would be associated with working such as travelling to and from a place of employment.
The risk must not be reasonably mitigated by prescribed medication or reasonable adaptions that an employer might be expected to make.
For Regulation 35 the risk must be associated with Work Related Activity, to be clear this does not mean working, there is a list of WRA in the ESA Claim guide due to Mental Health problems.
The following is the DWP guidance.
www.gov.uk/government/uploads/system/upl...e/430908/m-17-15.pdf
Gordon
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- Marie
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7 years 3 months ago #179264 by Marie
Hi Pat,
What you are looking for is Regulation 35 (2) which would allow your daughter to get in the support group if your daughter is not in the support group already.
Your daughter must be found in substantial risk to her health if she were put into the ESA Work-related activities. Please get a letter from your GP, hospital or Health Professional who deals with your daughter's mental health enclose them with your ESA50 form or let dwp/atos/capita know that you will send the evidence to follow.
Apply the phrase “reliably, repeatedly and safely” all through your ESA50, use it on each of the descriptors. Make sure you state clearly which activities you can not do reliably, repeatedly, safely and in a timely manner, because Atos will otherwise assume you are consistently capable of them all.
You would write like so:-
I cannot reliably, repeatedly, and safely and in a timely manner wash myself because write what ever difficulties your daughter have.
I hope this helps
Replied by Marie on topic ESA
pat wrote: Hi Mrs Hurtyback
I have nearly finish the ESA form. I will send it on it own on Monday (recorded delivery). I will send additional information later when I gather it together. I just want to make sure that they get the form by the 25 January.
What I wanted to ask is how do I word the exceptional circumstances rules. I think it may apply to my daughter on a number of the questions and I do not know how address it.
Kind regards
Pat.
Hi Pat,
What you are looking for is Regulation 35 (2) which would allow your daughter to get in the support group if your daughter is not in the support group already.
Your daughter must be found in substantial risk to her health if she were put into the ESA Work-related activities. Please get a letter from your GP, hospital or Health Professional who deals with your daughter's mental health enclose them with your ESA50 form or let dwp/atos/capita know that you will send the evidence to follow.
Apply the phrase “reliably, repeatedly and safely” all through your ESA50, use it on each of the descriptors. Make sure you state clearly which activities you can not do reliably, repeatedly, safely and in a timely manner, because Atos will otherwise assume you are consistently capable of them all.
You would write like so:-
I cannot reliably, repeatedly, and safely and in a timely manner wash myself because write what ever difficulties your daughter have.
I hope this helps
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- Gordon
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7 years 3 months ago #179315 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Marie
ESA has it's own terminology and does not define reliably, etc. in the same way that PIP does, claimants need to use the appropriate terminology for ESA for their arguments to have effect.
ATOS no longer perform ESA assessments.
Washing is not an ESA activity.
Gordon
ESA has it's own terminology and does not define reliably, etc. in the same way that PIP does, claimants need to use the appropriate terminology for ESA for their arguments to have effect.
ATOS no longer perform ESA assessments.
Washing is not an ESA activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pat
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