Exceptional circumstances regulations ESA

hi, Thanks for that info. I had my medical last week as i have a very rare disease and have an infusion every 14 days. I feel very negative about my medical and have already started to write an appeal out. The disease I have stops me sweating which causes fevers and puts strain on my vital organs. As i have already stage 1 kidney disease i would like to know if I wouls fall into the 'excepional circumstances
Any advice would be great
sue

Hi Susan

The exceptional circumstances regulation says that a claimant is considered to have limited capacity for work if 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.

I would argue that almost anyone who is not fit for work would be putting their health at substantial risk if they went to work. However there is no clear definition of 'substantial risk' so how a tribunal would apply this regulation is anyone's guess. But basically, this is what you need to make a case for on appeal. You can find more information in the ESA appeal guide.

Tribunals do not often find an appellant unfit for work on this regulation but I don't think many appellants put forward the argument and tribunals are not necessary obliged to consider it if you don't state a case that you satisfy the regulation, so it is always worth making a case if it applies to you.

Hopefully though, you will pass your medical and not need to appeal.

Derek

Thanks Derek
Fingers crossed a get through but if I dont your advice will be used
Many Thanks
sue