ESA Appeal Successful and Placed in Support Group

Hi everyone

We work for Shelter Cymru's Valleys Inclusion Project in South East Wales and we always make use of the Benefits and Work guides when we're assisting a client to appeal a decision regarding ESA or DLA.

We represented a client of ours at an ESA appeal tribunal earlier this month. Our client has been diagnosed with anxiety, depression and asthma. In addition he was referred to a psychiatrist who diagnosed psychotic symptoms and our client is continuing to receive treatment from his local Mental Health Team. He had previously been receiving incapacity benefit for several years.

The DWP decision maker had awarded 9 points for descriptor 15(b) 'coping with getting about on your own'. Looking at the papers served by the DWP upon our client it appears that the DWP medical professional did not award any points at all.

The Tribunal not only awarded an additional 6 points for descriptor 16(c) 'dealing with other people' but was satisfied that regulation 35 of the ESA Regulations 2008 applied, in other words that our client should be placed in the support group because the exceptional circumstances rule applied, due to the risk of a serious relapse in his health if he were not in the support group. The Tribunal also recommended that our client not be reassessed within 12 months.

Our client was a very relieved man!

Thanks go to Benefits and Work for the helpful and practical advice provided in the guides.

Best wishes

Andrew, Alexis, Emma and Katy
Valleys Inclusion Project

valleysinclusionproject wrote: Hi everyone

We work for Shelter Cymru's Valleys Inclusion Project in South East Wales and we always make use of the Benefits and Work guides when we're assisting a client to appeal a decision regarding ESA or DLA.

We represented a client of ours at an ESA appeal tribunal earlier this month. Our client has been diagnosed with anxiety, depression and asthma. In addition he was referred to a psychiatrist who diagnosed psychotic symptoms and our client is continuing to receive treatment from his local Mental Health Team. He had previously been receiving incapacity benefit for several years.

The DWP decision maker had awarded 9 points for descriptor 15(b) 'coping with getting about on your own'. Looking at the papers served by the DWP upon our client it appears that the DWP medical professional did not award any points at all.

The Tribunal not only awarded an additional 6 points for descriptor 16(c) 'dealing with other people' but was satisfied that regulation 35 of the ESA Regulations 2008 applied, in other words that our client should be placed in the support group because the exceptional circumstances rule applied, due to the risk of a serious relapse in his health if he were not in the support group. The Tribunal also recommended that our client not be reassessed within 12 months.

Our client was a very relieved man!

Thanks go to Benefits and Work for the helpful and practical advice provided in the guides.

Best wishes

Andrew, Alexis, Emma and Katy
Valleys Inclusion Project

Thanks to all at VIP, for posting this positive outcome

Well done on successfully representing your client.

We hope to hear of many more success stories from VIP.

Keep up the good work.

bro58