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Thread: ESA query

  1. #1

    ESA query

    Hi, guys.
    I'm mike.
    I'm in my 20's and found out recently that I have bladder cancer.
    Never smoked a day in my life and have no history in the family. Healthy diet and Play a lot of sport etc.
    To say i'm shocked and scared would be an understatement!
    This happened shortly after losing my job, too.

    I'd like to pick your brains about the possibility of ESA.

    I had the tumour removed which put me 'out of action' for a good months or so through pain and discomfort. I'm still recovering in fact.
    I will be having operations like this for as long as i'm alive at a guess, every few months.

    I done a little reading today, and came across the following paragraph

    ''Are you receiving chemotherapy, radiotherapy, or are you recovering from such treatment?
    If so, there is a separate route into ESA - the 'Special Circumstances' route. This does not require you to meet any descriptors, merely for your doctor to be willing to certify the above.''

    I had mitomycin put in my bladder, which is a chemotherapy drug.
    Does this mean that I may be able to qualify for ESA and could potential apply with less 'red tape' due to the 'special cirumstances' route??
    Last edited by subterfuge; 14-01-15 at 15:36.

  2. #2
    Senior Member nukecad's Avatar
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    We actually covered just this point about chemo or radiotherapy and ESA a couple of days ago.

    Click on this link to go to that thread and see the Regulation that applies:
    http://www.youreable.com/forums/show...ll=1#post76233
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
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    Just wanted to say good luck in your recovery Subterfuge, hope 2015 is a better year for you.

  4. #4
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    I phoned up after my thread the other day and got a call back claiming it will be at the decision makers discretion when I have my work capability assessment ???? really upset at that. Tbh sounds like you would have similar trouble

  5. #5
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    Quote Originally Posted by blahblah View Post
    I phoned up after my thread the other day and got a call back claiming it will be at the decision makers discretion when I have my work capability assessment ???? really upset at that. Tbh sounds like you would have similar trouble
    As I previously explained (same link as posted by nukecad), the law gives DWP the discretion to decide how long the person is to be treated as incapable of work and WRA following chemotherapy and radiotherapy. In other words, a decision maker looks at the facts of an individual case to decide whether a Work Capacity Assessment should take place now, or how long the case is deferred.

    There has to be a limit. It would be wrong for someone who had a single dose of chemotherapy following successful cancer surgery ten years ago and who has remained in remission ever since to be able to point to that chemotherapy and get exemption from the Work Capacity Assessment. I would think, by any standards, that person could no longer be said to be recovering from chemotherapy.


    The decision maker's starting point will be the claimant's health professional's advice on the work limiting effects of radiotherapy and/or chemotherapy (on the page for this evidence at the back of the ESA50). If this leaves any doubt, DWP's medical advisers will be asked to advice whether the claimant should be placed the Support Group on the basis of the radiotherapy and/or chemotherapy, and how long it should be before the situation is reviewed.


    This exemption for those recovering from chemotherapy is relatively new. It was intended to reflect the reality that radiotherapy and chemotherapy are often debilitating treatments, which might mean it is some time before there is any reasonable prospect of the patient being fit for work. It was never intended that there is a general exemption from the Work Capacity Assessment for everyone with cancer who has had chemotherapy or radiotherapy at some point.

    There is a general principle of public law that discretion should not be exercised in a way that is not wholly illogical. The nature of discretion means you cannot say that someone who has had a specific type of chemotherapy for a specific location and grade of cancer must be exempted for at least a certain period of time, not least as everyone is affected slightly differently. However, you would expect reasonable regard to be given to the likely work-limiting effects of the chemotherapy treatment and the prognosis. The prognosis is important to this exemption, as those who are not in remission can move straight from recovering from chemotherapy to a further round of chemotherapy being likely within six months, which should mean the exemption should continue to be applied.


    If the decision maker determines that you have reached the point where you can no longer be said to be recovering from work limiting effects of chemotherapy, it is open to you to demonstrate your limited capacity for work via another route. If no other exemption applies, such as the exemption for those who are unfortunately terminally ill, you will undergo a normal Work Capacity Assessment.

  6. #6
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    Oh I understand flymo but I didn't know back then what I knew now and if they had applied those rules at the time of me applying it's very possible I would've been placed in a category quickly and wouldn't have had to go through treatment in debt and would then be quite content with a fairly quick reassessment But because although I still have cancer we don't know if I'll need further radiotherapy so it doesn't apply now

  7. #7
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    The only people who are placed in the Support Group from the start of their claim are the terminally ill. Everyone else must spend 12 weeks on the assessment rate.

    The assumption when ESA was developed was that assessment would be complete during or shortly after that 12 week period. This is hopelessly optimistic in the light of the current assessment delays.

    I don't know if there is a system to get ESA50 forms quickly to those people to whom the exemption for chemotherapy and radiotherapy might apply, so that their eligibility for the exemption can be checked. There would be some logic to trying to apply it where possible - though there are plenty of new applicants for ESA with conditions other than cancer whose situation is just as urgent.

    Hopefully the answer to situations such as yours will be found in the efforts to address the current unacceptable delays in the ESA assessment system for everyone.

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