social contact

going to be sent ESA 50 very soon
I'm aiming for the support group on several mental health basis but one of which is social contact always precluded

Trouble is I have seen the GP really really often for ages (GP I'm sure would be helpful to me btw) and I'm worried ATOS would say this shows ability to engage in social contact even though I am socially isolated and phobic
I have had to have physio and other appointments and of course they could say this shows capacity to see strangers
Anyone with poor health and no friend or support worker has no choice but to weather out these appointments

What of shopping ? If you go to the store and go round and pay but avoid conversation and use self service kiosk where possible would they say being able to shop at all shows social contact is possible

Social contact is surely a big impairment to many with severe anxiety and panic

anyone had any expoerience of the social contact descriptor ?

Regardless of whether they feel you meet that descriptor or not because of your anxiety issues due to you being able to attend appointments with support services, you could always argue that if you were placed in WRAG, you would be unable to attend appointments for WFIs due to the severe anxiety you suffer from, and therefore because of your severe anxiety you should be found to have limited capability for work related activity as your mental health would be adversely affected if you were made to attend such appointments. This can be done under section 35 of the ESA regulations:

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a)the claimant suffers from some specific disease or bodily or mental disablement; and
(b)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-related activity.

ka wrote:

Regardless of whether they feel you meet that descriptor or not because of your anxiety issues due to you being able to attend appointments with support services, you could always argue that if you were placed in WRAG, you would be unable to attend appointments for WFIs due to the severe anxiety you suffer from, and therefore because of your severe anxiety you should be found to have limited capability for work related activity as your mental health would be adversely affected if you were made to attend such appointments. This can be done under section 35 of the ESA regulations:

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a)the claimant suffers from some specific disease or bodily or mental disablement; and
(b)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-related activity.

Hi k,

If you are refering to gaining entry to the SG under exceptional circumstances rule, at Reg 35 (2) (b) as seen below :

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

The important part here is "substantial risk", the burden of proof is on the claimant to prove that the risk would be substantial.

bro58

Thanks for these pointers

I wonder what 'substantial risk' to health would be. Presumably a real rather than remote probability of a worsening of one's anxiety would count

XFACTOR wrote:

Thanks for these pointers

I wonder what 'substantial risk' to health would be. Presumably a real rather than remote probability of a worsening of one's anxiety would count

Hi XF,

See caselaw on "Substantial Risk " with respect to "WORK" :

www.osscsc.gov.uk/Aspx/view.aspx?id=2214

This is referenced at 42191 with respect to "WORK" in The WCA DM Guide :

www.dwp.gov.uk/docs/dmgch42.pdf

So this "may" only be relevant if the claimant was found not to have LCW, (fit for work)

"Substantial Risk" is also mentioned in general at 42188 onwards.

bro58