ESA/LCW and exceptional circumstances
2 posters
Page 1 of 1
ESA/LCW and exceptional circumstances
If you have a diagnosed condition which can be treated with medication, do you have to be taking some medication in order to be assessed as having LCW or LCWRA due to exceptional circumstances?
https://www.disabilityrightsuk.org/wca-exceptional-circumstances
"Even if the Department for Work and Pensions decision maker decides that you do not pass the limited capability for work assessment, they can still treat you as having passed it if one of the following ‘exceptional circumstances’ applies:
2. You suffer from some specific disease or bodily or mental disablement and because of that there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work. This risk should be linked to work you could realistically do according to your education or skills. This circumstance will not apply to you if the risk could be significantly reduced by making reasonable adjustments to your workplace or by you taking medication as prescribed."
Or are ok not to as long as nothing has actually been prescribed (or prescribed in recent years), for anxiety or depression for example.
There's more I'd like to ask but it would mean publicly disclosing some very specific information about my claim.
https://www.disabilityrightsuk.org/wca-exceptional-circumstances
"Even if the Department for Work and Pensions decision maker decides that you do not pass the limited capability for work assessment, they can still treat you as having passed it if one of the following ‘exceptional circumstances’ applies:
2. You suffer from some specific disease or bodily or mental disablement and because of that there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work. This risk should be linked to work you could realistically do according to your education or skills. This circumstance will not apply to you if the risk could be significantly reduced by making reasonable adjustments to your workplace or by you taking medication as prescribed."
Or are ok not to as long as nothing has actually been prescribed (or prescribed in recent years), for anxiety or depression for example.
There's more I'd like to ask but it would mean publicly disclosing some very specific information about my claim.
Gallazz- Posts : 167
Points : 225
Reputation : 16
Join date : 2018-12-09
Re: ESA/LCW and exceptional circumstances
ok not to as long as nothing has actually been prescribed (or prescribed in recent years), for anxiety or depression for example
If you have a condition and nothing has been prescribed for it by a GP but could be (or there's a cure outside the drug regime) will the DWP refuse LCW or LCWRA? In my case, when I claimed ESA I could only do so because I was having an operation (that ultimately didn't work). If I'd applied for ESA without that operation in the pipeline I think my claim would have been refused and I would have had to stay on JSA.
When it comes to drugs though, there are always side effects that can be shown to make thing worse.
Absolut- Posts : 1054
Points : 1292
Reputation : 163
Join date : 2017-04-21
Re: ESA/LCW and exceptional circumstances
Absolut wrote:When it comes to drugs though, there are always side effects that can be shown to make thing worse.
Indeed there are. Thanks Absolut.
Gallazz- Posts : 167
Points : 225
Reputation : 16
Join date : 2018-12-09
Re: ESA/LCW and exceptional circumstances
Gallazz wrote:If you have a diagnosed condition which can be treated with medication, do you have to be taking some medication in order to be assessed as having LCW or LCWRA due to exceptional circumstances?
https://www.disabilityrightsuk.org/wca-exceptional-circumstances
"Even if the Department for Work and Pensions decision maker decides that you do not pass the limited capability for work assessment, they can still treat you as having passed it if one of the following ‘exceptional circumstances’ applies:
2. You suffer from some specific disease or bodily or mental disablement and because of that there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work. This risk should be linked to work you could realistically do according to your education or skills. This circumstance will not apply to you if the risk could be significantly reduced by making reasonable adjustments to your workplace or by you taking medication as prescribed."
Or are ok not to as long as nothing has actually been prescribed (or prescribed in recent years), for anxiety or depression for example.
There's more I'd like to ask but it would mean publicly disclosing some very specific information about my claim.
Firstly, Gallazz and all.
Apologies for my original post. My mind is in a strange place at present.
This site is useful based on personal experience (I am not a subscriber).
https://www.benefitsandwork.co.uk/forum/10-dla-esa-queries-results/103063-refusing-medication-in-pip-esa
Additional help:
https://advicelocal.uk/
All the best.
Guest- Guest
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
|
|