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lifelong illness..

  • chris o
  • Topic Author
12 years 2 months ago #78966 by chris o
lifelong illness.. was created by chris o
i have a lifelong illness called Thalassaemia Major, requiring blood transfusion every 4 weeks, which i have been having since 3 months old (i am now 43) and will continue to do so for life. can i claim esa under 'exceptional circumstances'..?

also,in the questionnaire, for certain questions, if i answer 'it varies' and explain the situation, will i still score points..?

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  • chris o
  • Topic Author
12 years 2 months ago #78969 by chris o
Replied by chris o on topic Re:lifelong illness..
i forgot to mention that i was medically retired from work 10yrs ago and i also receiving the highest rate of DLA.. shouldnt this have some bearing on my ESA application..?

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12 years 2 months ago #78973 by Gordon
Replied by Gordon on topic Re:lifelong illness..
Chris

There is very little overlap between the DLA criteria and those for ESA, although there are some important ones. However, the intention of DLA and ESA is very different so I am afraid the the fact that you are receiving DLA or were medically retired will have little or no bearing on your eligibility for ESA.

With regard to your transfusions, the legislation recognises;

- regular weekly treatment by way of haemodialysis for chronic renal failure, and

- treatment by way of plasmapheresis or by way of radiotherapy

but as far as I can tell your treatment does not fall under these criteria.

It's not clear from your post what the effects of these transfusion is, do you have a recovery time following a transfusion and for how long? Are you effected at other times by you illness and would this be reason for you to meet one or more of the ESA criteria?

To meet the Exceptional Circumstances criteria you need to show;

(a) the claimant is suffering from a life threatening disease in relation to which—
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and
(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure; or
(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.

If you believe you meet these requirements then you should argue this case.

Gordon

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

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  • bro58
12 years 2 months ago - 12 years 2 months ago #78975 by bro58
Replied by bro58 on topic Re:lifelong illness..
Hi Co,

As you are new to the Forum, you may wish to read :

Welcome to Benefits and Work

Our very informative FAQ's and ESA Guides can be accessed from here :

FAQ’s

ESA Guides

In particular you may wish to read :

Qualifying for the WRAG

Qualifying for the Support Group

Please remember, disregarding a claimants medical conditions alone, it is the resulting limitations and disabilities with regards to the descriptors that qualify a claimant for an award of ESA.

With respect to Exceptional Circumstances, for entry into the WRAG or ESA, the burden of proof is on the claimant to prove that they would suffer the "substantial risk" mentioned.

With regards to DLA, although there may be some disabilities/limitations/needs, that are relevant to ESA as well as DLA, which you should obviously go into some detail about, no conclusions will necessarily be drawn by the DWP DM, because you are in receipt of DLA.

With regards to your question regarding "it varies", this is covered in our ESA Claims Guides, accessible from the ESA Guide link that I have provided.

Obviously it is better to go into detail, rather than just ticking a box. :)

bro58

Mod Edit : Posted same time as Gordon, please see his comments above also.
Last edit: 12 years 2 months ago by bro58. Reason: As Above

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  • chris o
  • Topic Author
12 years 2 months ago #78978 by chris o
Replied by chris o on topic Re:lifelong illness..
thanks for your responses..

when i am due for transfusion i am fatigued & anaemic, and also suffer bone pain. and when i have had my transfusion i suffer more bone pain and severe headaches for a day or so after treatment. i also have osteoporosis and had surgery last year to fuse two vertebrae in my spine, due to a collapsed disc. in addition i have thyroid problems, hormonal problems, kidney stones, low immunity and high risk of infections due to a splenectomy when i was a child and, worst of all have had severe depression for the last 8 months or so.

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  • chris o
  • Topic Author
12 years 2 months ago #78980 by chris o
Replied by chris o on topic Re:lifelong illness..
thank you for your replies..

when i am due for transfusion i have to attend the haematology clinic for blood tests. for a few days pre-transfusion i suffer fatigue, bone pain and anaemia. for a day or so after transfusion i get severe bone pain and headaches.

the condition i have has also caused other problems - osteoporosis, last year i had surgery to fuse two vertebrae due to a collapsed disc. i still have a lot of backache and pains in my joints - hypothryoidism and hormonal imbalances - kidney stones - low immunity and high risk of infections due to a splenectomy when i was 4 years old.

worst of all, i have suffered depression, and have been diagnosed clinically depressed since 8 or so months ago. i am on medication and seeing a psychiatrist and counsellor. this whole ESA business has not helped at all.. :(

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