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Three very important words to ESA and DLA claimants.
"RELIABLY, REPEATEDLY, and SAFELY"
'Lord' Fraud made this statement in the House of Lords:
"It must be possible for all the descriptors to be completed reliably, repeatedly and safely, otherwise the individual is considered unable to complete the activity."
You might be able to go up three steps *once* - but you cannot do it "reliably, repeatedly and safely", and therefore, by Fraud's own words you CAN NOT do it at all.
Put the phrase "reliably, repeatedly and safely" all through your ESA50 or appeal.
More information: ME Question Time, Shrewsbury October 6 | Full report by Daphne Caton, Shropshire ME Group | ME Association
SPECIAL REGULATIONS
If you can claim that any of these apply to you, then do so.
Regulation 35, 2b is especially useful: "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."
Regulation 29
(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.
(2) This paragraph applies if—
(a)
the claimant is suffering from a life threatening disease in relation to which—
(i)
there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and
(ii)
in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
or
(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.
Regulation 35
(1) A claimant is to be treated as having limited capability for work-related activity if—
(a)
the claimant is terminally ill;
(b)
the claimant is—
(i)
receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or
(ii)
recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or
(c)
in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.
OR
(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.
"RELIABLY, REPEATEDLY, and SAFELY"
'Lord' Fraud made this statement in the House of Lords:
"It must be possible for all the descriptors to be completed reliably, repeatedly and safely, otherwise the individual is considered unable to complete the activity."
You might be able to go up three steps *once* - but you cannot do it "reliably, repeatedly and safely", and therefore, by Fraud's own words you CAN NOT do it at all.
Put the phrase "reliably, repeatedly and safely" all through your ESA50 or appeal.
More information: ME Question Time, Shrewsbury October 6 | Full report by Daphne Caton, Shropshire ME Group | ME Association
SPECIAL REGULATIONS
If you can claim that any of these apply to you, then do so.
Regulation 35, 2b is especially useful: "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."
Regulation 29
(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.
(2) This paragraph applies if—
(a)
the claimant is suffering from a life threatening disease in relation to which—
(i)
there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and
(ii)
in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
or
(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.
Regulation 35
(1) A claimant is to be treated as having limited capability for work-related activity if—
(a)
the claimant is terminally ill;
(b)
the claimant is—
(i)
receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or
(ii)
recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or
(c)
in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.
OR
(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.
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