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ESA Tribunal query

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7 years 1 month ago #185016 by Ginny
Replied by Ginny on topic ESA Tribunal query
I too have epilepsy with an appeal going through. Whilst waiting for this appeal, one day last week I unfortunately during a tonic clonic seizure spilt a boiling hot cup of coffee over my friend.
Prior to this, I had a 'blank episode' on an escalator. This resulted in my not stepping off the escalator, falling and causing a back log which was obviously dangerous. I have notified the appeals and tribunal of this, during what is still an unheard appeal.
Is this classed as danger/risk to other persons and thus being covered by the descriptors?
I would certainly say so, but just who knows!

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7 years 1 month ago #185434 by dawnar99
Replied by dawnar99 on topic ESA Tribunal query
Hello,

apologies for the confusion.

What I was trying to advise was that there was a court case (and I cannot find the link now) whereby the DWP stated that because the individual had a PA/Carer, they could go to work/ WRAG. The court went in the favour of the individual as the presence of a PA/Carer was irrespective and should not be used as a reason for the person being able to go to work/ WRAG.

Do you have any details of this at all (as again, I've lost the details).

Thank you.

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7 years 1 month ago #185435 by dawnar99
Replied by dawnar99 on topic ESA Tribunal query
Good luck with your appeal Ginny, I hope it goes well. Epilepsy is a truly terrible condition.

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7 years 1 month ago #185463 by Gordon
Replied by Gordon on topic ESA Tribunal query

Dawn wrote: Hello,

apologies for the confusion.

What I was trying to advise was that there was a court case (and I cannot find the link now) whereby the DWP stated that because the individual had a PA/Carer, they could go to work/ WRAG. The court went in the favour of the individual as the presence of a PA/Carer was irrespective and should not be used as a reason for the person being able to go to work/ WRAG.

Do you have any details of this at all (as again, I've lost the details).

Thank you.


I can't find anything in this area, but it would only be relevant if the DWP were making such a suggestion, have they done this?

Gordon

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

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7 years 3 weeks ago #186446 by dawnar99
Replied by dawnar99 on topic ESA Tribunal query
Hello Gordon,

Yes they have.

They have confirmed that my daughter does indeed have an extreme disability, but, there should be no reason why she can't attend work related activities as she has a PA.

This is the information provided by DWP from the medical report of the medical assessor.

And I'm my opinion, this is not right.

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7 years 3 weeks ago #186447 by dawnar99
Replied by dawnar99 on topic ESA Tribunal query
Apologies, previous message should have read ' she CAN attend Work related activities ivories as she has a PA'

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