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Exceptional Circumstances.
- WmWallace
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13 years 2 days ago #79652 by WmWallace
Exceptional Circumstances. was created by WmWallace
Hi, am in the support group under the exceptional circumstances clause. When I fill out my new ESA50 as well as putting all the relevant information once again, in detail. Do people think I should tell them about my previous support group criteria, or should they know already?
Thanks for any info on this.
Wmwallace.
Thanks for any info on this.
Wmwallace.
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- bro58
13 years 2 days ago - 13 years 2 days ago #79660 by bro58
Replied by bro58 on topic Re:Exceptional Circumstances.
WmWallace wrote:
Hi WW,
The golden rule when dealing with ATOS/DWP, is not to assume that they are aware of anything.
In other words it is always wise to "state the obvious".
It is plain, that no assumptions will be made in your favour without you pointing the facts out to them.
Please be aware also, that if you have been placed into the Support Group under Exceptional Circumstances, the "Burden of Proof", will be on you to prove that you still qualify for the SG, under Execeptional Circumstances.
bro58
Hi, am in the support group under the exceptional circumstances clause. When I fill out my new ESA50 as well as putting all the relevant information once again, in detail. Do people think I should tell them about my previous support group criteria, or should they know already?
Thanks for any info on this.
Wmwallace.
Hi WW,
The golden rule when dealing with ATOS/DWP, is not to assume that they are aware of anything.
In other words it is always wise to "state the obvious".
It is plain, that no assumptions will be made in your favour without you pointing the facts out to them.
Please be aware also, that if you have been placed into the Support Group under Exceptional Circumstances, the "Burden of Proof", will be on you to prove that you still qualify for the SG, under Execeptional Circumstances.
bro58
Last edit: 13 years 2 days ago by bro58.
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- WmWallace
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13 years 2 days ago #79661 by WmWallace
Replied by WmWallace on topic Re:Exceptional Circumstances.
Thank bro58 for that, sorry if I seem daft but what" burden of proof" would be sufficient, my situation has not changed, any info helpful.
Wmwallace
Wmwallace
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- Gordon
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13 years 2 days ago - 13 years 2 days ago #79668 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Exceptional Circumstances.
WmWallace wrote:
There is no specific definition of you would need to do, as every case is different and subjective to the person making the Decision.
The normal practice is for the burden of proof to lie with the party initiating the re-assessment. So if the DWP send you an ESA50, it would lie with them, and if a claimant notified them of a deteriorated condition, then the onus is with the claimant.
However, in the case of Special Circumstances, the burden of proof always lies with the claimant.
Gordon
And that may be sufficient, providing you can show that this is the case.Thank bro58 for that, sorry if I seem daft but what" burden of proof" would be sufficient, my situation has not changed, any info helpful.
Wmwallace
There is no specific definition of you would need to do, as every case is different and subjective to the person making the Decision.
The normal practice is for the burden of proof to lie with the party initiating the re-assessment. So if the DWP send you an ESA50, it would lie with them, and if a claimant notified them of a deteriorated condition, then the onus is with the claimant.
However, in the case of Special Circumstances, the burden of proof always lies with the claimant.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 2 days ago by Gordon.
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- bro58
13 years 2 days ago - 13 years 2 days ago #79670 by bro58
Replied by bro58 on topic Re:Exceptional Circumstances.
WmWallace wrote:
Hi WW,
As any ESA reassessment would be classed as a "supersession", if you had qualified for the SG, by fulfilling the SG decscriptors, then the "burden of proof" would be on the DM to prove that you no longer fulfilled these descriptors.
As it seems that you have qualified for the SG under Exceptional Circumstances, the "burden of proof " is on you to prove that you still fit the criteria of the Exceptional Circumstances.
So, in other words you would still have to give proof of why you qualify for the SG under Exceptional Circumstances, so it would not suffice just to state that " I qualified under EC for SG last time, and things have not changed" you would have to reiterate the reasons why.
bro58
MOD EDIT : Posted same time as Gordon, see his comments also.
Thank bro58 for that, sorry if I seem daft but what" burden of proof" would be sufficient, my situation has not changed, any info helpful.
Wmwallace
Hi WW,
As any ESA reassessment would be classed as a "supersession", if you had qualified for the SG, by fulfilling the SG decscriptors, then the "burden of proof" would be on the DM to prove that you no longer fulfilled these descriptors.
As it seems that you have qualified for the SG under Exceptional Circumstances, the "burden of proof " is on you to prove that you still fit the criteria of the Exceptional Circumstances.
So, in other words you would still have to give proof of why you qualify for the SG under Exceptional Circumstances, so it would not suffice just to state that " I qualified under EC for SG last time, and things have not changed" you would have to reiterate the reasons why.
bro58
MOD EDIT : Posted same time as Gordon, see his comments also.
Last edit: 13 years 2 days ago by bro58. Reason: As above
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- WmWallace
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13 years 2 days ago #79706 by WmWallace
Replied by WmWallace on topic Re:Exceptional Circumstances.
Thanks for that Gordon
Wmwallace
Wmwallace
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