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There is a substantial risk to you, or others, if

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6 years 2 weeks ago #208438 by Tinker765
Hi Gordon,

I am just reading through the ESA guide on here and came across something that applies to myself but unable to understand your guide on how i go about doing it.

On page 17 - There is a substantial risk to you, or others, if you are found not to have a limited capability for work

I have read through this section a few times and unable to understand the process for me to go about doing this? Sorry i have trouble understanding things

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6 years 2 weeks ago #208452 by Gordon
Tinker

I am not sure that I can do a better hob of explaining this than the guides do.

Basically there are four requirements.

There must be an identifiable condition that leads to the risk of harm.

The risk must be substantial. Decision Makers are told

"A risk is substantial where the harm or damage to the person’s health would be serious, and could not be prevented or mitigated. It is not minor or trivial. It may be immediate, or in the longer term. The risk of harm has to be caused by the individual claimant’s physical or mental health condition, and be triggered by being required to work"

For Limited Capability for Work the risk must be related to a requirement for you to work this includes activities that would be associated with working such as travelling to and from a place of employment as well as the work itself, although no specific job is being considered.

Lastly the risk must not be reasonably mitigated by prescribed medication or reasonable adaptions that an employer might be expected to make.

You cannot use old evidence to show that you meet the Substantial Risk criteria, only new evidence will be accepted.

The above is for the WRAG, Substantial Risk also covers the Support Group but you have not asked about this so I have not included the information to avoid confusion.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 weeks ago #208455 by Tinker765
Ok Thank You Gordon, So should i supply this evidence with the ESA50 form? As the guide says to contact the DWP about it.

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6 years 2 weeks ago #208457 by Gordon

Tinker765 wrote: Ok Thank You Gordon, So should i supply this evidence with the ESA50 form? As the guide says to contact the DWP about it.


Yes include the information in your ESA50.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Tinker765

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