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ESA Tribunal query
- Ginny
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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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- dawnar99
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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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- dawnar99
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- Gordon
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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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- dawnar99
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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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- dawnar99
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