Burden of Proof - ESA Exceptional Circumstances

Basically work-related activity may be things such as voluntary work, work trials or a training programme, but you won't have to apply for jobs or undergo medical treatment.

If you wish to demonstrate that you may satisfy the exceptional circumstances for ESA, in order to discharge the burden of proof you would need to obtain medical evidence from your GP/consultants to the effect that being found fit for work would be detrimental to your health. This could take the form of a (private) medical certificate or a letter.

Thank you for your reply CG. It looks as if I am going to have that kind of evidence as my GP and a private GP are going to write letters to say that work would be detrimental for my health. However, I thought that to satisfy the Reg 35 (rather than Reg 29), I would need them to put that I ALSO wouldn't be fit for work related activity on top.

My understanding is that fulfilling Reg 29 would get you the WRAG, but only Reg 35 would get you the Support Group. Maybe they would not make such a distinction though at the DWP?