Special Circumstances

There are certain circumstances whereby you may be able to bypass the normal system. 

You may be treated as exempt from having the medical (the limited capability for work assessment) if:

• you have a terminal illness, and you are expected to pass away within six months.
• you are receiving chemotherapy or radiotherapy for cancer.
• in the next six months you are likely to receive chemotherapy or radiotherapy for cancer.
• you are recovering from chemotherapy or radiotherapy for cancer.

If you fail the medical you may still get ESA if:

• you have a life threatening disease, and have medical evidence that it cannot be controlled.
• there is a risk to you if you were found fit for work.
• there is a risk to anyone else if you were found fit for work.

You may be placed in the Support Group (not have to do work related activity) without meeting the Support Group Descriptors, if:

• you have a terminal illness.
• you are receiving chemotherapy or radiotherapy for cancer.
• in the next six months you are likely to receive chemotherapy or radiotherapy for cancer.
• you are recovering from chemotherapy or radiotherapy for cancer.
• you are pregnant, and work related activity would harm your health or the health of the child you are carrying.
• there is a risk to your health if you are put in the Work Related Activity Group.
• there is a risk to the health of anyone else if you are put in the Work Related Activity Group.

All of the above require medical evidence. As such, if any of the above apply to you, and you do not already have medical evidence that spells it out fairly clearly it is advisable to get a doctor's letter that does. It is essential that doctor's phrase letters carefully so that they are not inadvertently used against their patients. There is a template letter on Black Triangle that you can ask your doctor to use. (It will be placed on this blog soon too). It is advisable when requesting a letter based on the above to give your doctor the legislation upon which it is based. You will find it here.

If the DWP is already aware of these circumstances applying to you, you may not be asked to fill in the application form for ESA (the ESA50). One way in which they might already know this information, is if you've supplied sick notes (now called fit notes) from your GP which contain the appropriate information. 

If you do fall into one of the categories above and wish to apply for ESA, but do not know whether they have that information, telephone them and ask. The person you speak to may do a short application questionnaire on the phone with you (it's called the ESA1). Tell them that Special Circumstances apply to you. If they do not currently have evidence of this they may then write to your GP requesting a letter to confirm it. 

If the person you speak to does not do the questionnaire with you, but confirms that they do not have the evidence that Special Circumstances apply to you, take the legislation and template letter to your doctor, and write a letter yourself telling the DWP that you wish to apply for ESA, but believe you are exempt from the ESA50 and / or the work related activity assessment (the medical). They may still send you the ESA50, but the chances are largely reduced.