I would just like to share with all of you a slight “loop hole” in the legislation regulation 29 (b) exceptional circumstances, of the ESA regulations 2008.
(b) 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
So in laymen’s terms IF ATOS finding you fit for work is going to make your condition or mental health condition (I.E. Depression) worse then your GP could deem that their decision in itself is detrimental to your health and would therefore make you come under the exceptional circumstance rule.
I composed a letter for my doctor and just asked her to sign it,I listed all my conditions and ended it with……
Although this person has been deemed “fit for work” I am of the opinion that exceptional circumstances regulation 29 may apply.
“Because of your physical or mental health conditions or disability there would be a substantial risk to the mental or physical health of any person, including you if you were found not to have limited capability for work or work related activity”
I disagree with the outcome of your assessment and support my patient in their appeal against your decision.
I am sorry this is a little long winded and I hope I have explained in a way that you can understand my point….hope it helps, it’s definitely worth trying.