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TOPIC: ESA Renewal and regulation 29 and 35

ESA Renewal and regulation 29 and 35 1 month 3 weeks ago #170656

Just to say how useful this thread is - today at a tribunal I managed to get individual from O points (JSA) to support group ESA using regulation 35 argument.
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The following user(s) said Thank You: Mrs Hurtyback, Painblock68

ESA Renewal and regulation 29 and 35 1 month 3 weeks ago #170745

Alison Brown wrote:
Just to say how useful this thread is - today at a tribunal I managed to get individual from O points (JSA) to support group ESA using regulation 35 argument.

Well done you :)
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ESA Renewal and regulation 29 and 35 1 month 3 weeks ago #170746

Well today I had the report back from my WCA,It did say in it that they watch me from the car park and when I got back into the car when my wife picked me up from outside the building it also said that they could see I was in pain and my hands and wrist was swollen and that they used the letter from my doctor and specialist and that they only awarded me 18 months because they wanted to know the outcome of a knee operation that I am down to have.

I also had a letter for pip I got to telephone them before the 6th to let them know if I will be claiming pip.
I am on DLA at the moment lower rate I was awarded this indefinitely that was over 3 years ago.I don't know if I can claim pip though because there is no lower rate on pip if I have read it right.

Is the medical the same or different to the WCA ?
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ESA Renewal and regulation 29 and 35 1 month 3 weeks ago #170754

  • Gordon
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Painblock

Re The PIP. It doesn't matter what award you have of DLA as you will be assessed from scratch. It's possible that you will not meet the criteria as many of those on Lower Rate Care will not qualify but we have also seen members moved to the Enhanced rate for PIP Daily Living so it is not a foregone conclusion, sometimes the PIP criteria favours certain claimants.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 month 3 weeks ago by Gordon.
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ESA Renewal and regulation 29 and 35 1 month 3 weeks ago #170765

I was on low rate care for DLA and am now on standard care rate of PIP, so it is certainly not everyone on low rate care DLA who loses out.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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