ESA and Regulations 29 and 35

bro58 wrote:

pjd wrote: Hi,

I was just wondering iif it is worth getting your gp to make reference to regulation 35 (support group) and say patient has limited capability for work related activity in a support letter, which is to be sent along with the esa form. Or is it too soon to do this?.

Thanks. (hope ive worded this right0

"Hi L and pjd,

If a G.P. was simply to more or less copy Reg 35 verbatim, it may not necessary help, other than the fact that ATOS/DWP would have been pre-warned."

Can I ask them if I do get my GP to send in a letter to ATOS/DWP they will have been pre-warned - so if they dont put me in the support group I can use the argument that they did not take this evidence into there decision making and have actually ignored it........

"To have a better impact the G.P. and/or claimant would have to provide evidence and detail of how and why there would be "Substantial Risk" involved, for the claimant or others.

bro58"

Thanks bro58,

So would it be good to have this in a support letter from an early stage of the process. i.e. sending the esa form out?

Also my GP did state I was not fit to work when he filled in the form ATOS sent him, after they recieved my ESA form. So they have ignored that evidence once already.

Hi L,

"Can I ask them if I do get my GP to send in a letter to ATOS/DWP they will have been pre-warned - so if they dont put me in the support group I can use the argument that they did not take this evidence into there decision making and have actually ignored it........"

You could try and use that argument, taking into account my previous, comments.

I can't say, of course, whether it would be successful.

bro58

Lorraine wrote: Also my GP did state I was not fit to work when he filled in the form ATOS sent him, after they recieved my ESA form. So they have ignored that evidence once already.

Hi L,

Paying regards to my first post in this topic :

"Also my GP did state I was not fit to work when he filled in the form ATOS sent him,"

This only gives LCW and entry to The WRAG.

bro58

pjd wrote: Thanks bro58,

So would it be good to have this in a support letter from an early stage of the process. i.e. sending the esa form out?

Hi pjd,

It would be advisable to include as much helpful relevant evidence as possible, along with ESA50.

bro58