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ESA - Goalposts moved for "Substantial Risk" (Read 174 times)
Liz944
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ESA - Goalposts moved for "Substantial Risk"
17.01.13 at 01:09:53
 
BE WARNED! From the 28.01.13 the DWP have changed the goal posts on ESA if you are claiming ESA because there is a substantial risk to your health i.e. anaphylactic shock (see example two) you will have to prove why reasonable adjustments in your workplace do not reduced the risk and also why carrying an autoinjector may not reduce the risk! See information below:
 
 
SUBSTANTIAL RISK
14 DMG 42188 et seq gives guidance on the factors to consider when determining whether a claimant should be treated as having LCW, where there is a substantial risk to the health of the claimant or anyone else. From 28.1.13, the claimant cannot be treated as having LCW if the risk could be significantly reduced by:
 
1.reasonable adjustments being made to the claimant’s workplace or
2.the claimant taking medication prescribed by their GP to manage their condition1.
1 ESA Regs, reg 29(3)
 
Example 1
Khaled suffers from back pain, and claims ESA. His previous employment was office work. Following application of the WCA, the DM determines that he scores 6 points for standing and sitting. Khaled argues that he satisfies the substantial risk rules, as he cannot sit at a desk for lengthy periods without exacerbating his condition. The DM determines that the risk to his health could be alleviated by reasonable adjustments to his workstation, such as a desk which can rise and fall to allow working in standing and sitting positions, and taking breaks away from his workstation. The DM determines that Khaled does not have LCW, and cannot be treated as having LCW. The award of ESA is terminated.
 
Example 2
Lucy is at risk of potentially fatal anaphylactic shock if she comes into contact with products containing latex, which is a risk at work and in the journey to and from work. There is no suggestion that she satisfies any of the descriptors. The DM determines that the risk could be substantially reduced if Lucy carried an adrenaline auto–injector which has been prescribed for her, and a medical alert bracelet.
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Liz944
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Re: ESA - Goalposts moved for "Substantial Risk"
Reply #1 - 17.01.13 at 01:29:37
 
The DWP guidance to the changes mentioned above is available here.
http://www.dwp.gov.uk/docs/m-1-13.pdf
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LesleyM
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Re: ESA - Goalposts moved for "Substantial Risk"
Reply #2 - 07.02.13 at 22:46:46
 
Does anyone know how we can ask for this to  be corrected. Carrying Epipens and a Medic Alert bracelet doesn't reduce the risk of a life threatening reaction as we all know. Perhaps the Medical bods can help?
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LesleyM
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Re: ESA - Goalposts moved for "Substantial Risk"
Reply #3 - 17.02.13 at 20:19:56
 
Just to let you know that I have high-lighted this change to Dr Gavin Spickett (Medical Panel) as he is supporting my migration from Incapacity Benefit to Employment Support Allowance. Hopefully we may be able to show them that their statement is nonsense!
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Jen
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Re: ESA - Goalposts moved for "Substantial Risk"
Reply #4 - 18.02.13 at 18:54:18
 
So how does a medic alert stop the person coming into contact with latex?  Can the latex read the bracelet and then go away??? Angry
 
Carrying an epipen does not reduce the risk it just buys the person time until the ambulance arrives.  Has anyone got a contact?  
 
Jen  
 
(Type I and Immunology/Allergy Specialist Nurse)
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