ESA Appeal -Exceptional Circumstances

[Helen82]

CFS/ME when it is mild to moderate does not fit very well into the ESA criteria, so quite often people that are too ill to work due to CFS/ME are found fit to work.
If you are putting in an appeal, but you fail to get the 15 points required due to your symptoms fluctuating, get a C.A.B worker to help you appeal and you may base your appeal on exceptional circumstance 2:


<span style="color:#0000FF">"Exceptional circumstances

Even if the decision maker decides that you do not pass the limited capability for work test they can still treat you as having passed it if the health care professional has obtained evidence that one of the following exceptional circumstances apply:

1. You are suffering from a severe life threatening disease in relation to which there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and 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.

2. You suffer from some specific disease or bodily or mental disablement and consequently there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work. This risk should be linked to work you could realistically do according to your education or skills." </span>

[Init1972]

Good stuff - I will have to try again with CAB - they wanted to know how much my other half earns before helping me which I couldn't understand!

Les xx

[Helen82]

ah I guess they need to know the household income... probably standard procedure. They take on the whole case tho, they do your appeal, get letters from GP and specialists for your case, send them to the DWP, and come with you to tribunal... so go for it.