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Life threatening disease and ESA

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13 years 5 months ago #59307 by Porridge
Life threatening disease and ESA was created by Porridge
According to the‘exceptional circumstances’ regulations with regard to applying for ESA, if you fail to score enough points to get into the WRAG,you will be found to have limited capability for work if (among other things): (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".

Could this include major surgery? Or does it mean drug therapies only?


Thanks.

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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  • originaldave
13 years 5 months ago #59315 by originaldave
Replied by originaldave on topic Re:Life threatening disease and ESA
Kate32 wrote:

According to the‘exceptional circumstances’ regulations with regard to applying for ESA, if you fail to score enough points to get into the WRAG,you will be found to have limited capability for work if (among other things): (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".

Could this include major surgery? Or does it mean drug therapies only?


Thanks.


easy one yes surgery is too

A therapeutic effect is a consequence of a medical treatment of any kind, the results of which are judged to be desirable

legal meaning from 1500s greek i think

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13 years 5 months ago #59317 by Porridge
Replied by Porridge on topic Re:Life threatening disease and ESA
So somebody might be refused ESA if their problem might (or might not) be sorted-out by having major surgery?

So somebody who needs kidney dialysis, for example, could be refused ESA if their mother had offered the applicant a kidney, but the ESA applicant had refused to have the operation?

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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13 years 5 months ago #59320 by Gordon
Replied by Gordon on topic Re:Life threatening disease and ESA
Kate32 wrote:

So somebody might be refused ESA if their problem might (or might not) be sorted-out by having major surgery?

So somebody who needs kidney dialysis, for example, could be refused ESA if their mother had offered the applicant a kidney, but the ESA applicant had refused to have the operation?

No that is not the case, nor is it the intention of the exceptional circumstances rule.

You are entitled to refuse treatment and this will not affect your right to benefits.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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