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ESA Form Agoraphobia/Social Anxiety/Depression
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9 years 1 week ago #156003 by Gordon
It should be sufficient to include the letter with the ESA50, but retain a copy. The only reason I can see why ATOS insisted it was faxed was to confirm the origin of the letter, we haven't seen Maximus insisting on this to date.
You don't need to provide a telephone number, although you should be aware that if the DWP have had any previous notification of your number then they may include it in the information that they supply to Maximus. You can supply an email address but the DWP view this as in insecure communication method, Maximus don't seem to have a problem.
Gordon
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Replied by Gordon on topic ESA Form Agoraphobia/Social Anxiety/Depression
Ditzee wrote: Just a couple of points I would like clarification on please whilst I fill in my esa50.
When I last completed esa50 form my GP stated in her letter which I sent in a supporting evidence with my esa50 that due to the nature of me illness that I would be unable to travel to attend a face to face assessment and requested a home visit. At the time ATOS stipulated that this type of request had to be made in writing by GP and then FAXED directly to ATOS offices. I did not have to attend medical nor did I have a home visit but was placed into SG based on written evidence only. Does this apply to Maximus or is it adequate for GP to state this in letter which will be sent with esa50 form?
Due to my social anxiety disorder I find it difficult to take telephone calls and esa50 asks for a telephone contact number is this essential or could I supply an e-mail address as I find it easier to respond in writing rather than verbal contact? Would this go against me if and when they need to contact me about potential assessment dates?
Kind regards.
It should be sufficient to include the letter with the ESA50, but retain a copy. The only reason I can see why ATOS insisted it was faxed was to confirm the origin of the letter, we haven't seen Maximus insisting on this to date.
You don't need to provide a telephone number, although you should be aware that if the DWP have had any previous notification of your number then they may include it in the information that they supply to Maximus. You can supply an email address but the DWP view this as in insecure communication method, Maximus don't seem to have a problem.
Gordon
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9 years 1 week ago - 9 years 1 week ago #156046 by Gordon
If you are hoping to meet the requirements of Regulation 35 then you need to provide up to date evidence of the risk. Ideally your GP need to address each element of the Descriptor and relate the issues to the activities that you might be asked to perform as part of Work Related Activity.
At the very least they need to show that their is a risk an that it is related to one or more of your conditions.
Gordon
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Replied by Gordon on topic ESA Form Agoraphobia/Social Anxiety/Depression
Ditzee wrote: I am still in the process of completing my ESA50 reassessment - have been in the Support Group of ESA for around 4 years now. Fortunately in that time I had one face to face assessment which was a home visit in early 2012 and as I say was put in the Support Group. When I renewed my ESA50 in 2014 I was awarded SG again and no face to face assessment was carried out so decision made on paper evidence. My GP included a letter with a brief statement stating that "This lady suffers from anxiety and depression for many years combined with agoraphobia and social phobia. She avoids social contact as this causes her distress and puts her mental health at risk of deteriorating. She is on medication for her condition."
Can you please advise if this wording would still be found appropriate for Maximus Decision Makers or would my GP have to go into much more detail and make reference to specific descriptors ie no.35? I am one of those lucky people who has a supportive GP but I would feel very awkward having to ask her to write something more specific and detailed as it would feel like I am telling her what to write if that makes sense?
I would really appreciate your advice as I have an appointment to see my doctor on Monday 17th April 2016.
Kind regards.
If you are hoping to meet the requirements of Regulation 35 then you need to provide up to date evidence of the risk. Ideally your GP need to address each element of the Descriptor and relate the issues to the activities that you might be asked to perform as part of Work Related Activity.
At the very least they need to show that their is a risk an that it is related to one or more of your conditions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 1 week ago by Gordon.
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9 years 1 week ago #156068 by Ditzee
Replied by Ditzee on topic ESA Form Agoraphobia/Social Anxiety/Depression
Thanks again Gordon
So if my GP stated that attempting to attend JobCentres, Work Programmes, attend courses etc with regards to Work Focused Interviews as stipulated in the Work Related Activity part of ESA would worsen my condition then this would meet criteria for Regulation 35?
Ditzee
So if my GP stated that attempting to attend JobCentres, Work Programmes, attend courses etc with regards to Work Focused Interviews as stipulated in the Work Related Activity part of ESA would worsen my condition then this would meet criteria for Regulation 35?
Ditzee
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9 years 1 week ago - 9 years 1 week ago #156091 by Gordon
It's not quite that simple. Regulation 35 requires there to be "substantial risk", there's no clear definition for this but it you should take it as being far more than the average. Also they need to explain how the worsening of your condition would manifest itself.
Also, you need to remember that WFIs and WRA can be carried out in the home so you need to head this off as a possibility.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Form Agoraphobia/Social Anxiety/Depression
Ditzee wrote: Thanks again Gordon
So if my GP stated that attempting to attend JobCentres, Work Programmes, attend courses etc with regards to Work Focused Interviews as stipulated in the Work Related Activity part of ESA would worsen my condition then this would meet criteria for Regulation 35?
Ditzee
It's not quite that simple. Regulation 35 requires there to be "substantial risk", there's no clear definition for this but it you should take it as being far more than the average. Also they need to explain how the worsening of your condition would manifest itself.
Also, you need to remember that WFIs and WRA can be carried out in the home so you need to head this off as a possibility.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 1 week ago by Gordon.
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9 years 1 week ago #156145 by Ditzee
Replied by Ditzee on topic ESA Form Agoraphobia/Social Anxiety/Depression
Hi Gordon
Sorry I seem to be getting myself quite confused now. Unfortunately I haven't got a copy of the ESA85A or LT54 from my previous assessment to refer to (but have just made a SAR for this information) but I am assuming that the SG descriptor number 13 COPING WITH SOCIAL ENGAGEMENT may have been met by the level of my social anxiety disorder - would this have automatically placed me in the SG? The level of my anxiety disorder means that I even struggle with answering the telephone and I have outlined this in my ESA50 which I assume would have previously precluded me from even telephone based WFIs!
How far do the DWP want us to go with describing "substantial risk" with regards to mental health conditions. If your GP has stated your mental health would deteriorate even further if found fit for work or fit for limited capability for work is that no longer acceptable to DWP and the only other "substantial risk" remaining is that of self-harm or worse?!
My life is only manageable at the moment due to there being very limited restrictions/parameters to my lifestyle which enables me to cope/exist day to day. I am in my 50's, separated, live on my own, ESA is my only form of income and have suffered with depression for 12 years and agoraphobia and social anxiety for 6 years. My last ESA50 was completed just under 2 years ago with no improvement in my health is it mis-guided of me to think that the evidence provided in my last ESA50 is still applicable as long as my GP is confirming this?
Apologies if I am rambling but I seem to be struggling even more this time round with completing the form. My GP's appointment has been brought forward to this Friday 15th April and I want to try and explain as clearly as I can to my GP what it is that is required?
Sorry I seem to be getting myself quite confused now. Unfortunately I haven't got a copy of the ESA85A or LT54 from my previous assessment to refer to (but have just made a SAR for this information) but I am assuming that the SG descriptor number 13 COPING WITH SOCIAL ENGAGEMENT may have been met by the level of my social anxiety disorder - would this have automatically placed me in the SG? The level of my anxiety disorder means that I even struggle with answering the telephone and I have outlined this in my ESA50 which I assume would have previously precluded me from even telephone based WFIs!
How far do the DWP want us to go with describing "substantial risk" with regards to mental health conditions. If your GP has stated your mental health would deteriorate even further if found fit for work or fit for limited capability for work is that no longer acceptable to DWP and the only other "substantial risk" remaining is that of self-harm or worse?!
My life is only manageable at the moment due to there being very limited restrictions/parameters to my lifestyle which enables me to cope/exist day to day. I am in my 50's, separated, live on my own, ESA is my only form of income and have suffered with depression for 12 years and agoraphobia and social anxiety for 6 years. My last ESA50 was completed just under 2 years ago with no improvement in my health is it mis-guided of me to think that the evidence provided in my last ESA50 is still applicable as long as my GP is confirming this?
Apologies if I am rambling but I seem to be struggling even more this time round with completing the form. My GP's appointment has been brought forward to this Friday 15th April and I want to try and explain as clearly as I can to my GP what it is that is required?
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9 years 1 week ago - 9 years 1 week ago #156147 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Form Agoraphobia/Social Anxiety/Depression
Ditzee
If you can show that you meet 16(a)
Then you would qualify for the Support Group.
I'm afraid that it is not enough to state that your conditions would deteriorate, at the very least you would need to show that the deterioration was not manageable with medication and there is still a requirement to explain the harm that would result. This is a case where you really need to dot the "I"s and cross the "t"s.
The ESA Claim guide covers this in more detail than I can in the forum, see page 21 of the guide for Mental Health issues.
Unless your conditions are ones that would not be expected to improve even with treatment then you really need to provide up to date evidence of how they affect you if you can.
Gordon
If you can show that you meet 16(a)
Engagement in social contact is always precluded due to difficulty relating to others or
significant distress experienced by the individual.
Then you would qualify for the Support Group.
I'm afraid that it is not enough to state that your conditions would deteriorate, at the very least you would need to show that the deterioration was not manageable with medication and there is still a requirement to explain the harm that would result. This is a case where you really need to dot the "I"s and cross the "t"s.
The ESA Claim guide covers this in more detail than I can in the forum, see page 21 of the guide for Mental Health issues.
Unless your conditions are ones that would not be expected to improve even with treatment then you really need to provide up to date evidence of how they affect you if you can.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 1 week ago by Gordon.
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