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ESA Reg 29 & 35 re Support Group

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6 years 11 months ago #187361 by Augustus
ESA Reg 29 & 35 re Support Group was created by Augustus
Hi

I'm due for an ESA review in a few months time. With your help since 2011, and evident screw ups by ATOS, I have been in the SG. This had only happened after MR stage, when DWP decided this was appropriate on exceptional circumstances grounds.

Question is: are these decisions, based on the above regs, only normally made at the post Maximus assessment stage? In other words, is it possible in the ESA 50 form to state your case for exceptional circumstances?
If it is, after you've gone into all the detail to get yourself into WRAG, what are the elements to consider so as to tailor one's situation to them? Have you published any guidance on how to claim exceptional circumstances and at what stage to do this?

And could it be tactically better in some cases to make this claim at the MR stage anyway?

And finally, though PIP & ESA are strictly separate, my PIP review resulted in an indefinite award until 2025, largely because my GP stated that my medical conditions are most unlikely to improve. This would seem, clinically, to have much relevance to my ESA claim and how long any possible renewal might last. So, is it a good idea to refer to the PIP situation and indefinite award? And attach that evidence?
It would seem odd if DWP turned round and said this was irrelevant to the length of any possible future ESA award.

PS I am finding the new size type on the forum page very difficult to scan and read. I wrote separately to the office asking whether you might consider resetting it, but I guess lack of response means No!

Many thanks as ever

A

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6 years 11 months ago #187405 by Gordon
Replied by Gordon on topic ESA Reg 29 & 35 re Support Group
August

As we were rushed into going to the new release of the forum software there is a long list of changes that we are waiting on.

You can always increase the size of webpage by using the zoom function in your browser, this is usually CTRL plus the mouse wheel or CTRL plus the "+" or "-" keys.

Assessors can recommend both Reg. 29 and 35 to the Decision Maker, it will of course be the DM that decides whether they are applicable, especially for Reg.35 when they consider the Work Related Activities that you may be able to do.

Forgive me but I see no advantage whatsoever in delaying your arguments for Substantial Risk until the Mandatory Reconsideration stage, you will already be on the back foot by then!

If you believe that you meet these Regulations then include your arguments with the ESA50 either in the Additional Information section or in attached sheets.

I see no harm in including the PIP information but remember the maximum period between assessment for ESA is still three years for those in the SG and two years for those in the WRAG.

Gordon

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

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