ESA Tribunal query

Dawn wrote: Thank you for your responses.

What I'm struggling to comprehend is the fact the GP wrote a letter confirming that my daughters health will be adversely affected, but, the DWP have dismissed this. How can a DWP 'administrator' that does not know the person or the condition, make a decision that effectively overrules that of the GP who does know the person and condition. It just does not seem right.

I actually have no idea how to progress with this now at all

Dawn wrote: Also, we have no idea what 'points' my daughter has been awarded and where. Should the DWP have provided us with this? Thank you.

Dawn wrote: Hello again,

I have been reading that Full Time students (20 to 25 years of age) are entitled to ESA if you they are in receipt of DLA.

Assuming DLA is received, is this an automatic right to the work Support Group, or, could this be Limited Capability for work Group?

Thank you in advance once again.

Dawn wrote: Hello once more,

I have read somewhere ( it was an actual successful case) that just because an individual may have a carer / personal assistant, that this is and should be insignificant in deciding if someone can be placed in the limited capacity for work support group.

I.e. Just because someone may have a carer/ personal assistant supporting them does not mean that the individual can therefore be placed in the support group if their condition means they should be in the limited capacity for work group. The presence of a carer/ personal assistant is irresespe time to the correct decision that should be made.

Is this correct and do you happen to have the case law references regarding this?

Thank you.