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ESA50 Again

  • Metallichick
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11 years 9 months ago - 11 years 9 months ago #88432 by Metallichick
ESA50 Again was created by Metallichick
I've been sent the dreaded ESA50 to fill out again, even though i don't get a penny because it stopped back in April due to CB time limitation. To honest if they put me in the wrag group which i'm sure they will it hardly seems worth bothering. What i would like to know would it be reasonable for me to attach a letter asking to consider being put in the support group because of special circumstances??? The reason i ask it I have chronic migraine and do not have a single day without pain and at least 5 full blown attacks per week. Unfortunately the ESA50 isn't geared up to this type of illness and its very difficult to fit into the descriptors with my complex illness. I have been so so many different medications and as yet not responded to anything? I know you can't comment on individual case's i fully understand that but 'special circumstances?' could this be a via route to look at? your thought on this would be of great help, thank you in advance...
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88435 by Gordon
Replied by Gordon on topic Re:ESA50 Again
MC

Although you are not entitled to payment due to the time limit on ESA(CB) you are eligible to receive NI Credits, which count towards a full State Pension. Also, you need to have remained eligible for ESA in order, at some time in the future, to ask to be re-assesed for the Siupport Group, should you then believe you meet the criteria.

In order to meet the Exceptional Circumstances criteria for the Support Group you will need to supply convincing evidence, that your performing Work Related Activity would pose a serious danger to your health.

Gordon

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

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  • Metallichick
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11 years 9 months ago - 11 years 9 months ago #88437 by Metallichick
Replied by Metallichick on topic Re:ESA50 Again
Thank you Gordon, is there any information about Exceptional Circumstances? I'm sure there is but i can't seem to find this information?
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88441 by Gordon
Replied by Gordon on topic Re:ESA50 Again
MC

There is some, but not a lot of information, in the ESA Claim guides.

Unfortunately, with Exceptional Circumstances, the burden of proof always lies with claimant. Whilst the EC for the WRAG are "relatively" easy to show, those for the Support Group are a lot harder. You main problem may well be showing that your epilepsy constitutes such a risk, as epilepsy in itself, does not qualify you for the Support Group.

Gordon

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

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  • Metallichick
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11 years 7 months ago #91020 by Metallichick
Replied by Metallichick on topic Re:ESA50 Again
It's been 1 month 3 weeks since i posted about receiving the dreaded ESA50 again & returned it soon after this original post but haven't heard from them at all. Is it normal for it to take this long for a reply? I did request them looking into putting me into the support group under exceptional circumstances?

Thank you in advance :)

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  • bro58
11 years 7 months ago #91025 by bro58
Replied by bro58 on topic Re:ESA50 Again
Metallichick wrote:

It's been 1 month 3 weeks since i posted about receiving the dreaded ESA50 again & returned it soon after this original post but haven't heard from them at all. Is it normal for it to take this long for a reply? I did request them looking into putting me into the support group under exceptional circumstances?

Thank you in advance :)


Hi MC,

Unfortunately ATOS and the DWP are somewhat "gridlocked" at this time, therefore the ESA process/re-assessments do seem to be taking longer.

It seems to vary geographically.

You could of course phone them ? :)

bro58

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