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Condition worsened, ESA reassessment?
- Bearer
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5 years 11 months ago #211956 by Bearer
Condition worsened, ESA reassessment? was created by Bearer
The person I am helping's condition has worsened. She now cannot undertake any journey because of overwhelming psychological distress. She has recently been awarded low rate mobility PIP because of this, on appeal. The Tribunal also awarded 6 daily living points for needing prompting to prepare food/cook, dress/undress and wash/bathe.
She receives ESA with WRAG component. She has work focussed interviews by telephone from the Job Centre.
She would be completely incapable of attending a work focussed interview at the Job Centre in person. Would she satisfy the exceptional circumstances condition?
‘you suffer 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 you were found not to have limited capability for work-related activity’.
My last question is would she have to go through the whole work capability assessment process again, if she were to be considered for the Support Group?
She would not be prepared to do that having only recently survived the extreme distress of the Tribunal.
She receives ESA with WRAG component. She has work focussed interviews by telephone from the Job Centre.
She would be completely incapable of attending a work focussed interview at the Job Centre in person. Would she satisfy the exceptional circumstances condition?
‘you suffer 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 you were found not to have limited capability for work-related activity’.
My last question is would she have to go through the whole work capability assessment process again, if she were to be considered for the Support Group?
She would not be prepared to do that having only recently survived the extreme distress of the Tribunal.
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5 years 11 months ago #211977 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Condition worsened, ESA reassessment?
Bearer
Being unable to Go Out does not lead to a Support Group award and I think you will struggle to show that she meets the Substantial Risk requirements as the DWP will be able to identify Work Related activity that she can perform at home, for example the WFI that are being done over the phone.
As this would be the result of a change in her conditions, it could only be pursued through a full reassessment of her claim, which you say that she would not want to do.
Gordon
Being unable to Go Out does not lead to a Support Group award and I think you will struggle to show that she meets the Substantial Risk requirements as the DWP will be able to identify Work Related activity that she can perform at home, for example the WFI that are being done over the phone.
As this would be the result of a change in her conditions, it could only be pursued through a full reassessment of her claim, which you say that she would not want to do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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