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TOPIC: ESA Medical

Re:ESA Medical 5 years 11 months ago #71046

I wish I had found your site before I sent in the limited work capability form as I realise I do fall in the support group on the grounds that if I was 'made' to work it would have a massive impact on my health,; it would effect my nervous system, heart and my brain. I read this:

Substantial risk
The second regulation says that you will be found to have limited capability for work if:
(b) 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.
For this exceptional circumstance regulation to apply you need to show firstly that you have a
specific ‘disease or disablement’. This could be, for example, a heart or chest condition.
Then you need to show that there would be a ‘substantial risk’ either to you or to someone
else if you were found not to have limited capability for work.
So, if you were found not to have limited capability for work, you would have to sign on for
Jobseeker’s Allowance – or not get an income replacement benefit at all. You would need to
meet your jobseeker’s agreement and eventually start doing paid work.
How might this pose a ‘substantial risk’?
www.benefitsandwork.co.uk ‘Guides you can trust’
- 14 -
For example, might the exertion involved in travelling to interviews or going to work five days
a week lead to a serious deterioration in your health condition? Might the exertion even be
fatal?
If you believe that this exceptional circumstance applies to you, include information with your
questionnaire and try to obtain supporting medical evidence.
It is likely that if this exceptional circumstance applies to you that you will also be covered by
a similar regulation which will allow you to be placed in the support group.

I hope I put it across well in my appeal letter.

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Re:ESA Medical 5 years 11 months ago #71053

TCP wrote:

I wish I had found your site before I sent in the limited work capability form as I realise I do fall in the support group on the grounds that if I was 'made' to work it would have a massive impact on my health,; it would effect my nervous system, heart and my brain. I read this:

Substantial risk
The second regulation says that you will be found to have limited capability for work if:
(b) 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.
For this exceptional circumstance regulation to apply you need to show firstly that you have a
specific ‘disease or disablement’. This could be, for example, a heart or chest condition.
Then you need to show that there would be a ‘substantial risk’ either to you or to someone
else if you were found not to have limited capability for work.
So, if you were found not to have limited capability for work, you would have to sign on for
Jobseeker’s Allowance – or not get an income replacement benefit at all. You would need to
meet your jobseeker’s agreement and eventually start doing paid work.
How might this pose a ‘substantial risk’?
www.benefitsandwork.co.uk ‘Guides you can trust’
- 14 -
For example, might the exertion involved in travelling to interviews or going to work five days
a week lead to a serious deterioration in your health condition? Might the exertion even be
fatal?
If you believe that this exceptional circumstance applies to you, include information with your
questionnaire and try to obtain supporting medical evidence.
It is likely that if this exceptional circumstance applies to you that you will also be covered by
a similar regulation which will allow you to be placed in the support group.

I hope I put it across well in my appeal letter.


Hi TCP,

At least you now have access to our ESA Guides and I hope that you can use them to good effect, if you do actually appeal.

Good luck

bro58

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

Re:ESA Medical 5 years 11 months ago #73147

Yes, I have appealed and I am awaiting a response. Meanwhile I have a work-related interview to attend...should be fun as the nerves down the right side of my body are crippling me slowly.

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Re:ESA Medical 5 years 11 months ago #73149

Good luck - both with the appeal and the WRI

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonMrs Hurtyback