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7 years 3 weeks ago #183703 by P
ESA form was created by P
Hi,
I've received the dreaded esa50 form this morning for re-assement. It's been five years since I filled in my first form and I was placed in the support group. This was only achieved with the help of this site, and I am very greatful.

I have now got to fill it in again and agiain I'm seeking help. I've printed off the guilds and have read through them but they are quite overwhelming. I believe there has been a tightening up on the the descriptors/substantial risk but I'm struggling to understand what they have tightened up on.

I believe, not not had it confirmed that I was placed in the support group under substantial risk so it important that I understand what has changed. I say I believe I was place in the support ground under substantial risk but I could not get any conformation of this from the DWP. When I request information they just kept on sending me my copies of my own documents.

If you could help me out with understanding the changes I would be very greatful.

Also on the ESA50 form it states it is to be completed in capital letters. Are any attachments that I might write/type also to be completed in capital letters. It seems such an unatual way of writing/typing.

Thanks once again for your help

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7 years 3 weeks ago #183723 by Gordon
Replied by Gordon on topic ESA form
P

Have a look at the ESA Claim guide due to mental health issues, you want the section labelled More on the very important "substantial risk" rule

Gordon

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

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7 years 3 weeks ago #183744 by P
Replied by P on topic ESA form
Thanks for replying.
Also, I have an appointment with my GP, who has been very supportive. I was going to ask her for a supporting letter to put with the ESA50. Can you tell me what she should cover
Thanks again

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7 years 3 weeks ago #183750 by P
Replied by P on topic ESA form
Also can you advise me on completing the form. I.e. Am I okay to write/type the additional information in normal lettering or do I have to use capital letters.
Thanks again

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7 years 3 weeks ago #183751 by Gordon
Replied by Gordon on topic ESA form

P wrote: Thanks for replying.
Also, I have an appointment with my GP, who has been very supportive. I was going to ask her for a supporting letter to put with the ESA50. Can you tell me what she should cover
Thanks again


They need to write a letter that addresses the following

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.

Gordon

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

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7 years 3 weeks ago #183754 by Gordon
Replied by Gordon on topic ESA form

P wrote: Also can you advise me on completing the form. I.e. Am I okay to write/type the additional information in normal lettering or do I have to use capital letters.
Thanks again


It is perfectly OK for you to type your answers and attach them as extra pages to the ESA50, just make sure that each page has your full name and NIN at the top and that they are numbered, we recommend "page X of Y" so that it is easy to see if pages are missing. Make sure you clearly mark on the form where your answers are and on the relevant page that you are answering question X.

Attach the pages to the back of the ESA50 using a staple or make a hole in the top left corner and use a treasury tag, string or ribbon to the form. The pages need to be easily detached so that they can be scanned by the DWP.

Gordon

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