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ESA SOCIAL ENGAGEMENT

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11 years 4 months ago - 11 years 4 months ago #96936 by mandy76
ESA SOCIAL ENGAGEMENT was created by mandy76
With this descriptor it says that engagement in social contact is always precluded due to difficulting relating to others becuase of significant distress experienced by the individual. My question is if someone has underlying mental health conditions and cannot engage in social contact how do you define what social contact really is? For example, what of the person who lives with someone, or the claimant that goes to their GP, or has to attend an ATOS assessment? Do the DWP or tribunals take the view that this is social contact because if this is the case then there would be hardly any scope for qualifying for the support group on this descriptor. As the wording is 'always precluded' it means that even if you are affected for the majority of the time, as with other descriptors, it will not be counted. If there is limited contact with family and that contact, is in the most part, dysfunctional and causes distress would that be considered as not being capable? What is the best way to address the descriptor? Surely, the inability to engage in 'social' contact in the normal sence of the word 'social' needs to be taken into account? Does the descriptor actually intend that someone has to be a recluse and not speak to anyone for it to apply.
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago - 11 years 4 months ago #96943 by Gordon
Replied by Gordon on topic ESA SOCIAL ENGAGEMENT

phidgity wrote: With this descriptor it says that engagement in social contact is always precluded due to difficulting relating to others becuase of significant distress experienced by the individual. My question is if someone has underlying mental health conditions and cannot engage in social contact how do you define what social contact really is? For example, what of the person who lives with someone, or the claimant that goes to their GP, or has to attend an ATOS assessment? Do the DWP or tribunals take the view that this is social contact because if this is the case then there would be hardly any scope for qualifying for the support group on this descriptor. As the wording is 'always precluded' it means that even if you are affected for the majority of the time, as with other descriptors, it will not be counted. If there is limited contact with family and that contact, is in the most part, dysfunctional and causes distress would that be considered as not being capable? What is the best way to address the descriptor? Surely, the inability to engage in 'social' contact in the normal sence of the word 'social' needs to be taken into account? Does the descriptor actually intend that someone has to be a recluse and not speak to anyone for it to apply.


There are two aspects to this descriptor that you need to consider.

First there is the frequency. Descriptor 16(a) refers to a claimant always being precluded. The use of the word "always" makes it difficult as it difficult to interpret the word in other ways, however, the ESA regulations make clear reference to a claimants condition for the majority of the time should be considered.

Secondly, there is the meaning of social contact. As usual, there is no clear definition of what is intended, however, ATOS, the DWP and a Tribunal panel, must take a reasonable approach to the use of the phrase, although this still leaves considerable variance as to how it can be interpreted.

This topic is cover in more detail on page 53 onwards of our ESA Claims due to Mental Health Issues, see

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 months ago by Gordon.
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