ESA - Chemotherapy "period of recovery"

Can anyone help with my query relating to ESA and people recovering from intravenous chemotherapy.

My ESA claim has been turned down based on the fact the my "period of recovery" from Chemotherapy is more than six months. I have nerve damage as a result of my chemotherapy (which my consultant has confirmed), but the DWP say this only applies within six months of finishing chemotherapy. I can't find this "six month rule" anywhere in the rules or guidelines.

Can anyone shed any light on this or has anyone had a similar issue. My appeal hearing is only 4 weeks away, so am keen to get armed with all possible anwers.

Thanks

The relevant provision is "(b) You are receiving, or recovering from receiving, intravenous, intraperitoneal or intrathecal
chemotherapy or you are likely to receive such treatment in the next six months and the
Secretary of State is satisfied that the you should be treated as having limited capability for work."

I can't see anything in there that limits the recovery time to six months.

I don't know if there's any case law on this - it's not something I've looked into before.

C-J-T wrote:

Can anyone help with my query relating to ESA and people recovering from intravenous chemotherapy.

My ESA claim has been turned down based on the fact the my "period of recovery" from Chemotherapy is more than six months. I have nerve damage as a result of my chemotherapy (which my consultant has confirmed), but the DWP say this only applies within six months of finishing chemotherapy. I can't find this "six month rule" anywhere in the rules or guidelines.

Can anyone shed any light on this or has anyone had a similar issue. My appeal hearing is only 4 weeks away, so am keen to get armed with all possible anwers.

Thanks

you need expert advice of course, but I think regardless of what the DWP say 6 days or 6 years after treatment if someone has side effects they are still ill ..