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Life threatening disease and ESA
- Porridge
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Could this include major surgery? Or does it mean drug therapies only?
Thanks.
“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama
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- originaldave
According to the‘exceptional circumstances’ regulations with regard to applying for ESA, if you fail to score enough points to get into the WRAG,you will be found to have limited capability for work if (among other things): (ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a "recognised therapeutic procedure".
Could this include major surgery? Or does it mean drug therapies only?
Thanks.
easy one yes surgery is too
A therapeutic effect is a consequence of a medical treatment of any kind, the results of which are judged to be desirable
legal meaning from 1500s greek i think
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- Porridge
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So somebody who needs kidney dialysis, for example, could be refused ESA if their mother had offered the applicant a kidney, but the ESA applicant had refused to have the operation?
“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama
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- Gordon
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No that is not the case, nor is it the intention of the exceptional circumstances rule.So somebody might be refused ESA if their problem might (or might not) be sorted-out by having major surgery?
So somebody who needs kidney dialysis, for example, could be refused ESA if their mother had offered the applicant a kidney, but the ESA applicant had refused to have the operation?
You are entitled to refuse treatment and this will not affect your right to benefits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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