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ESA50A - Advice Needed

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12 years 5 months ago #92085 by joen
ESA50A - Advice Needed was created by joen
Hi all,
Firstly I would like to thank B&W for the valuable advice from the mods and the excellent downloads and contributions from other members.
It is quite awhile since I last posted however I am looking for advice to the ESA50A I recieved through the post the other day after requesting it along with the other documents which the DWP made the decision on, which by the way is the support group from IB.
I did not get any other documents just the ESA50A?
The following is an extract from the said form,


Advice
I advise that the client meets support group criteria as they are suffering 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 they were found not to have limited capability for work-related activity.

Prognosis
I advise that a return to work is unlikely in the longer term.

Justification of Advice
The available evidence from the ESA50 and medical evidence has been used to give advice in this case.
The ESA50 and medical evidence indicates there would be substantial mental or physical risk if the client were found
capable of work or work-related activity because he has primary progressive multiple sclerosis.
Evidence shows problems associated with physical and cognitive impairment.
The available evidence suggests improvement is unlikely in the longer term.

I notice that there is no review date and I am guessing that the above relates to exceptional circumstances,
I wonder what to expect in the future ANY IDEAS ANYONE.
Regards Joe.

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12 years 5 months ago #92086 by slugsta
Replied by slugsta on topic Re:ESA50A - Advice Needed
As you say, the comments you have quoted suggest that you have been placed in the Support Group under the 'exceptional circumstances' descriptor. One would hope that you would not be reassessed for some time, but there is no guarantee!

Thank you for letting us know your news - and for your kind words about this site :)

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

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12 years 5 months ago #92087 by Gordon
Replied by Gordon on topic Re:ESA50A - Advice Needed
JN

I am assuming that you are loooking at an ESA85A rather than a ESA50A :)

As far as I can see your assumptions re Exceptional Circumstances are correct, having Limited Capability for Work Related Activity would place you in the Support Group.

With regard a likely re-assessment date, with nothing specifically defined anything would be a guess, but I think it unlikley that you will be reviewed earlier than two years and it may be as long as three, which as far as we are aware is the maximum period the DWP are allowing.

I hope this answers your questions, but if not, please come back to the forum.

Gordon

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12 years 5 months ago #92088 by joen
Replied by joen on topic Re:ESA50A - Advice Needed
Thanks for your quick responsess Gordon and Mrs H I am very grateful for your advice.
Regards joe.

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  • bro58
12 years 5 months ago - 12 years 5 months ago #92089 by bro58
Replied by bro58 on topic Re:ESA50A - Advice Needed
Hi, JN,

Well done on being placed into the SG. :)

Thanks for the positive comments regarding B&W.

It does look like you have been placed into the SG under Exceptional Circumstances ESA Reg 35. (2). (b) as you can see here :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

"In the longer term" is the longest "prognosis" possible.

As you do not have to fulfill any of the SG decsriptors if you gain entry to the SG by Reg 35 as above, that is probably why there is very little detail.

The longest award that we are aware of is 3 years, hopefully this will be the case with you.

bro58
Last edit: 12 years 5 months ago by bro58.

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12 years 5 months ago #92090 by Gordon
Replied by Gordon on topic Re:ESA50A - Advice Needed
JN

I notice that your forum name may also be your real name, instructions for changing it are in the following FAQ

My full name is showing, how can I stop it?

Gordon

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