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ESA Curtailment Applied & Change Of Circumstances

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11 years 9 months ago - 11 years 9 months ago #88110 by shellymummy
Hello,

Firstly, I would like to say how kind and helpful everyone has been on these forums - thank you!

My question is for ESA and Exceptional Circumstances:

Under the Non Functional Descriptors it states: "The non-functional descriptors were not considered for this case as curtailment applied".

At the time of the ESA interview I was a full-time student (student funding) & in receipt of DLA.

Would the curtailment have been applied as I was a student?

I have now left Uni because mental health problems. The ESA started from that day so should the curtailment still stand.

Should I appeal or do a change of circumstances?

Furthermore, I am now attending day centre courses for the next couple of years and all professionals agree I can not return to work yet. My daughter suffers from anxiety/depression - which is as a consequence of my conditions.

If CAHMS and my Social Worker confirmed that working would make our conditions worse too, would this be considered for SG with Reg 35?

I hope this isns't too specific although I believe the general points behind my questions could be of help to others.

Michelle :)
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88111 by Gordon
SM

The "curtailment" means that that the the ATOS "doctor" had assessed you as already scoring 15+ points during the medical and therefore did not need to consider whether you met ESA Regulation 29.

It has nothing to do with you being a student or being at university.

In order to show that you meet Regulation 35, you will need to show that carrying out Work Related Activity would be a danger to your health.

You don't say when your last assessment was, but if it was recent, unless you can show a significant deterioration of you condition since them, you will need to appeal the Decision to place you in the WRAG.

You need to be aware that the burden of proof for the Exceptional Circumstances, always lies with the claimant, so you will need to provide compelling evidence that you meet the requirements.

If you are considering an appeal, you should have a look at the following FAQs.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Do I have to attend WFIs while I appeal?

I hope this explains it.

Gordon

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

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11 years 9 months ago - 11 years 9 months ago #88112 by shellymummy
Thanks really helpful - thank you x
Last edit: 11 years 9 months ago by Gordon.

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