ESA medical report - Expected Change ‘Functional Problems/Exceptional Circumstances’

Hello,

Hope everyone is well.

I have a client who was awarded ESA in the SG however with a review date of 3 months time. I am looking at the medical report form completed by the health professional and I notice under the Prognosis section there is another section titled Expected Change. Under this it says ‘Functional Problems:  I advise that work could be considered within 3 months’ and then ‘Exceptional Circumstances: I advise that work could be considered within 12 months’.

Could someone enlighten me on what this means and why there are two different timelines? What are the exceptional circumstances?

Thanks!

Ordinarily they would expect the person to be capable of a return to work within 3 months. Exceptionally it may take a bit longer. A guess in other words.

My guess (and that’s all it is) would be that the Functional Restrictions refer to the Activities and Descriptors and that the Exceptional Circumstances refer to Reg 29/35. In which case I would be asking why the award is for 3 months rather than 12 months?

Billy Durrant - 03 March 2017 11:55 AM

My guess (and that’s all it is) would be that the Functional Restrictions refer to the Activities and Descriptors and that the Exceptional Circumstances refer to Reg 29/35. In which case I would be asking why the award is for 3 months rather than 12 months?

Thanks. I am currently doing another ESA50 with the client (which she received just two weeks after the original award letter confirming the ESA!). My concern is that this is not the best route and that I should actually ask the DWP to reconsider the length of the award i.e. their original decision. I have some new supporting evidence from client’s therapist which I will send in either way which confirms the severe negative impact this short review time has had on the client’s mental health.

ESA have been completely;y useless on the phone as usual and have told me completely different things each time I have called them. I think I will stick with doing the new ESA50 with new evidence to send in as it would now be a late reconsideration anyway. If she gets another 3 month award I will challenge it.

Thanks