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TOPIC: exceptional circumstances rule

exceptional circumstances rule 6 years 2 months ago #68758

hello again

can i ask that if i passed the Limited capability for work test under point 3 (b) exceptional circumstances rule, wouldnt that mean that i automatically pass the Limited capability for work-related activity assessment test under point 3 exceptional circumstances rule for the same reason?

martin

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Re:exceptional circumstances rule 6 years 2 months ago #68763

greeneyedlad wrote:

hello again

can i ask that if i passed the Limited capability for work test under point 3 (b) exceptional circumstances rule, wouldnt that mean that i automatically pass the Limited capability for work-related activity assessment test under point 3 exceptional circumstances rule for the same reason?

martin

Hello Martin

I'm not sure of your references but I believe you are referring to.

29.2(b) the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.

35.2(b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

As you can see from the clauses above, you have to show you are unable to participate in work related activity to qualify for the Support Group.

Gordon

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

Re:exceptional circumstances rule 6 years 2 months ago #68765

yes u r exactly correct. i have been put in2 the wrag group & am considering appealing 2 b put in the support group.

i have me/cfs & also am bipolar & have borderline personality disorder which can make me anti-social & get panic attacks with strangers etc & would have anger issues that could b unapropriate in the workplace.

i think i would qualify under these rules as being forced 2 attend work related interviews or being forced back in2 employment would make my mental conditions worse & may force me in2 crisis where i could self-harm or contemplate sucidal thought again. (god forbid)

im angry that they never even asked my psychiatrist 2 complete any report about my mental health. but they only did ask my gp 2 report on my me/cfs with an esa113 form

regards

martin

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Re:exceptional circumstances rule 6 years 2 months ago #68767

Martin

The DWP usually contact the GP as they should receive update letters everytime you see a consultant. Also, GP's are contractually required to respond to the DWP free of charge, whereas this is not the case for Consultants.

Therefore, if you want to include a report from your psychiatrist, you may need to commision a private report at your own expense.

Alternatively, you can go through your medical records at your GP practice, to see whether the reports your GP has received are any good for your purpose. This would probably be a cheeper option, providing the information is there.

In terms of what you need to prove in order to be found not to have Limited Capability for Work Related Activity, I don't know, but clearly there is a difference :)

Gordon

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

Re:exceptional circumstances rule 6 years 2 months ago #68768

  • originaldave
greeneyedlad wrote:

yes u r exactly correct. i have been put in2 the wrag group & am considering appealing 2 b put in the support group.

i have me/cfs & also am bipolar & have borderline personality disorder which can make me anti-social & get panic attacks with strangers etc & would have anger issues that could b unapropriate in the workplace.

i think i would qualify under these rules as being forced 2 attend work related interviews or being forced back in2 employment would make my mental conditions worse & may force me in2 crisis where i could self-harm or contemplate sucidal thought again. (god forbid)

im angry that they never even asked my psychiatrist 2 complete any report about my mental health. but they only did ask my gp 2 report on my me/cfs with an esa113 form

regards

martin


seeing how things are going i suspect they might argue that the interviews and input might ? help you get back to work ..thats the spin they are putting

on things these day

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LIMITED CAPACITY FOR WORK-RELATED ACTIVITY 6 years 2 months ago #68885

Hello

i think i passed the exceptional rule test for the wrag group "there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work"

does any1 know what you need 2 prove to pass the exceptional rule test for the support group "there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-RELATED ACTIVITY"

as you can see the only difference is the "work-related activity" part

many thanks

martin

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Last Edit: by Crazydiamond. Reason: Post merged - same subject matter.
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