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ESA (old rules) won today

  • ALLAN
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13 years 3 months ago #62959 by ALLAN
Replied by ALLAN on topic Re:ESA (old rules) won today
yeah ive looked at the ones for the new wca on here and i should get into support group then when i have wca assesment.


thanx guys for all your replies.

PS.sorry to the mod that mentioned the mistake between 50 metres and 30 metres,I did`nt notice that.lol

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13 years 3 months ago #62960 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA (old rules) won today
ALLAN wrote:

won my appeal today for ESA(old rules).They said im entitled ESA with the work related activity component.

the descriptors satisfied in Schedule 2 ESA regulations are:-

WALKING 1b 15points
Standing 2e 6points (wich I had to start)
total 21points

so im not sure which group im in.I thort if you get one of the first two descriptors in walking you were placed in the support group.

Does the decision notice say anything about Schedule 3, which refers to the support group?

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  • ALLAN
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13 years 3 months ago #62961 by ALLAN
Replied by ALLAN on topic Re:ESA (old rules) won today
no DEREK4 it says Schedule 2

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13 years 3 months ago #62962 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA (old rules) won today
As Gordon has mentioned, the very fact that points have been allocated which are not applicable to the support group, indicates that the OP has been placed in the WRAG by the tribunal.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 3 months ago #62981 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA (old rules) won today
Hi CD

The reason I asked is because I was thinking of the thread below.

www.benefitsandwork.co.uk/forum?func=vie...60776&catid=10#60776

It sounds like a 'slip of the pen' error but I thought that to qualify for the support group you have to pass both, LCWA and LCWRA.

I've never seen an ESA85 other than my own or any ESA decision notice but I presume that claimants placed in the support group would require at least 15 points in the LCWA as well.

Regards

Derek

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13 years 3 months ago - 13 years 3 months ago #62985 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA (old rules) won today
Hi Derek,

It is my understanding that in order to have LCWRA and qualify for the support group, a claimant just has to satisfy one of the descriptors in Schedule 3 without reference to the LCW test.

It is clear however that the fifteen point descriptors in Schedule 2 in the majority but not all of the activities section, would qualify a claimant for the support group.

Regards,

CD

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 3 months ago by Crazydiamond. Reason: Post corrected - ESA old rules!

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