ESA50 FRUSTRATION

Bluebear wrote: So far we've still no reply from our MP who is waiting on a reply from the DWP, but we'll wait a little longer. On the off-chance (likelihood) that we receive no reply we've begun to complete the ESA50 form.

What are you opinions on the tickable it varies options? I'm just curious. For example, without going into detail with a certain condition, when illness is at its worse you might tick no, because at its worst its a definite no. But if you have the occasional better day, will ticking it varies lesson the DWP's attention and appear less serious, when in reality the condition is very serious.

Regards -
BlueBear

Hi Bb,

Do not be constrained by the tick box options, if you feel that none of the options are applicable to your Dad's limitations, don't tick any but write something like the following in the text box :

"none of the available tick box options are applicable, please see information regarding the limitations that I suffer personally in attempting this activity below" or words to that effect, then go on to explain.

Here is information that I recently gave to another member regarding how best to show that you still qualify for The SG and it should answer your query on whether to tick "Yes" or "No" :



"How best to show that you qualify for The SG is covered in our ESA Claims Guides.

If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.

You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor

If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for The Majority of The Time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !

So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.

With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From : ESA Reg 34.

If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)

For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)

i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.

Have a look at Gordon's comments in : This Post regarding ESA Reg 35,

Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.

The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.

You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.

There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate."



Hope that helps !!!

bro58

Thank you bro58. I think I understand. Cite evidence to descriptors if you have any.

But just to clarify, you're saying that if you think that ticking a box is too retraining, that it doesn't quite fit your condition/abilities, it's okay to NOT tick any? To go on to say why it doesn't quite match your condition? Would this not result in your claim being rejected?

Regards,
BlueBear.

Bluebear wrote: Thank you bro58. I think I understand. Cite evidence to descriptors if you have any.

But just to clarify, you're saying that if you think that ticking a box is too retraining, that it doesn't quite fit your condition/abilities, it's okay to NOT tick any? To go on to say why it doesn't quite match your condition? Would this not result in your claim being rejected?

Regards,
BlueBear.

Hi Bb,

No, as you are giving details of how the limitations affect Dad personally in the text box and/or on an added A4 page..

If you didn't tick a box and did not make any comment, obviously they would just take it that Dad could carry out that Activity without suffering any limitations in doing so.

bro58

I'm currently helping my dad complete his ESA50 form, but am finding it very frustrating. It can be very strangely worded

For example, my dad has a condition that is very painful, and can be at times very limiting physically. I've reached the section of the form talking about cognitive limitations with dressing etc, but have found no section for dressing, washing difficulties for a physical disability.

Where should this be added? At the beginning within the about your illness section?

Regards,
BlueBear.

Sorry, bro58. Having a bad evening. This form is testing I'm getting it, I think...

So it's okay to skip the tick boxes (if they don't apply) as long as you offer an explanation/more information in the comments section below them?

Regards,
BlueBear.

Bluebear wrote: Sorry, bro58. Having a bad evening. This form is testing I'm getting it, I think...

So it's okay to skip the tick boxes (if they don't apply) as long as you offer an explanation/more information in the comments section below them?

Regards,
BlueBear.

Hi Bb,

Where applicable, Yes !

bro58