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ESA Tribunal query

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7 years 2 months ago #180804 by dawnar99
ESA Tribunal query was created by dawnar99
Hello, please can anyone kindly assist?

My daughter has previously been on ESA Support Group.

Following a 'review' she has now been placed in the 'Work related activity group'.

I appealed this and was advised the decision was the same.

I appealed once more with additional supporting information, including letter from the GP stating that to be placed into work/ work related activity group would be seriously detrimental to her mental and physical health and hence it is not recommended.

MY daughter has refractory pharmacosresistant epilepsy - meaning it will never be controlled with medication. Despite being on 3 medications, she still suffered from frequent and unpredictable day and night seizures. She has no aura (warning) and is at constant risk of harm and danger as the types of seizures she experiences render her 'unconscious'.

I really don't know what else to do. I've supplied sufficient evidence to state she should not be in the WRAG, but, to no avail.

Please can anyone kindly advise?

Thank you in advance.

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7 years 2 months ago #180805 by Gordon
Replied by Gordon on topic ESA Tribunal query
DAwn

Although ESA does consider Epilepsy under the Staying Conscious Descriptor, this does not provide entry to the Support Group, so your daughter will either need to qualify through another Descriptor or the Substantial Risk Regulation. See the ESA Claim guides for more information.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have more questions then please reply to this post and we will do our best to help.

Gordon

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

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7 years 2 months ago #180819 by kate
Replied by kate on topic ESA Tribunal query
I wonder if it's ok for me to ask a moderator a query about Dawn's post, because it also applies to me?

Should the fact that the GP supplied supporting evidence, confirming that anything except the Support Group would have a detrimental effect on both physical & mental health, be sufficient?
The following user(s) said Thank You: dawnar99

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7 years 2 months ago #180830 by slugsta
Replied by slugsta on topic ESA Tribunal query
The doctor will need to explain from what condition the claimant suffers and what kind of harm is reasonably expected to occur if they carry out specific work related activities. A list of the activities is included in the ESA guide.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Teddington

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7 years 2 months ago #181226 by dawnar99
Replied by dawnar99 on topic ESA Tribunal query
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 :(

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7 years 2 months ago #181227 by dawnar99
Replied by dawnar99 on topic ESA Tribunal query
Also, we have no idea what 'points' my daughter has been awarded and where. Should the DWP have provided us with this? Thank you.

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