Exceptional circumstances

I am currently appealing wrag group started my appeal nov 12
I am visiting my gp this week to get a supporting letter from him.
Just been reading ESA Regulations 29 and 35 ~ Exceptional circumstances.

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.
I was going to ask my GP his thoughts on this and if he would consider writing a brief letter stating that my illness would be a substantial risk if I was found not to have limited capability for work. Siting The regulations,
Be grateful for your thoughts and findings if any claimants have been successful in this Thank you.

fithgear wrote: I am currently appealing wrag group started my appeal nov 12
I am visiting my gp this week to get a supporting letter from him.
Just been reading ESA Regulations 29 and 35 ~ Exceptional circumstances.

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.
I was going to ask my GP his thoughts on this and if he would consider writing a brief letter stating that my illness would be a substantial risk if I was found not to have limited capability for work. Siting The regulations,
Be grateful for your thoughts and findings if any claimants have been successful in this Thank you.

Hi fg,

You could request the above from your G.P., but he would also have to give detail as to why and how you or others would suffer "Substantial Risk".

Just as you would have to provide details and evidence of why and how you or others would suffer "Substantial Risk" if citing Regs 29 or 35.

bro58

Yes thanks bro58,
I can think of many problems and hazards my disability’s would cause myself and my colleagues, If I was placed in a working environment, Just wondered If anyone had heard of this being used at a tribunal,And how succesfull it was.

fithgear wrote: Yes thanks bro58,
I can think of many problems and hazards my disability’s would cause myself and my colleagues, If I was placed in a working environment, Just wondered If anyone had heard of this being used at a tribunal,And how succesfull it was.

Hi fg,

Don't forget that ATOS HCP's and the ESA DM's are only supposed to look at whether the non functional descriptors in Regs 29 and 35 apply if the claimant cannot qualify under the functional descriptors.

Personally, I would use Regs 29 and/or 35 as a back-up/add-on to my other evidence.

I have read on rightsnet, that Tribunal Panels will find in the appellant's favour, using Exceptional Circumstances, as they find it less demanding to apply.

I am sure that members will respond to your query also, if applicable.

bro58

Yes thanks bro58 that is my intention to go through how I qualify using the applicable descriptors.
With the full backing from my gp and consultants.But added to this will be there own regulations IE
29/35.The dm Seemed to totally Ignore my consultants letters,and only skirted over my disabiltys leaving many of them out when making his decision.I thoght I would qualify for the mobility descriptor,He has not mentioned how he has come to his decsion in regards to the descriptors,No mention of points etc,I asked for a subject access request,For all info over 40 days ago,But only received the dm statement which did not go into any detail.How are we supposed to argue our case If we do not know what we have been awarded ?.

fithgear wrote: Yes thanks bro58 that is my intention to go through how I qualify using the applicable descriptors.
With the full backing from my gp and consultants.But added to this will be there own regulations IE
29/35.The dm Seemed to totally Ignore my consultants letters,and only skirted over my disabiltys leaving many of them out when making his decision.I thoght I would qualify for the mobility descriptor,He has not mentioned how he has come to his decsion in regards to the descriptors,No mention of points etc,I asked for a subject access request,For all info over 40 days ago,But only received the dm statement which did not go into any detail.How are we supposed to argue our case If we do not know what we have been awarded ?.

Hi fg,

Yes, you could do that, and then cite Exceptional Circumstances also, if you think that they apply.

Unfortunately, information as to how and why one has been placed in either group can be rather vague, so I wouldn't expect too much in that respect.

bro58