ESA claim

Thanks. I received a text today about ESA money going into my account next week so it seems I have been awarded a little ESA (reduced due to tiny income from the buy-to-let). They explained to me over the phone that my capital in the buy-to-let is being disregarded whilst the sale is completing. I thought you might be interested in that they do allow capital to be ignored in other property whilst it is being sold. Any way now I need to prepare for filling in the ESA50 because I think it will arrive soon. My query is that I can only imagine that the descriptors - initiating and completing personal action is the relevant area or taking a long time showering etc due to OCD. Am I barking up the right tree? Will I score on this because due to OCD and time it takes, it means I am not doing it effectively?

I strongly feel mo OCD is so severe that I should be allocated the support group, do you think the support group descriptor initiating and completing personal action could be relevant to someone like me who washes hands before touching anything and after?

If something goes to appeal, obviously the judge has to stick to legislation but would he or she be able to use more discretion than a DM. I mean can a judge follow legislation a bit more loosely?

The reason I am asking is that I would love to put the money I get back when my buy to let is sold into a home for my son and myself. But the legislation is that you can normally only do this when the money has come (directly I should imagine) from the sale of your own home and for a limited period,usually 6 months but can be longer. I think although the money I put into the buy to let came from the sale of my home when my ex bought me out , that because it has gone into a buy to let and time has passed I will not be allowed to use it for a home. The DWP will say I have to live off it, (I missed the chance of using it for a home back in2013 when I would have been allowed to, due to good reasons). The DWP has yet to make the decision whether I can use the buy to let money for a home , but I am expecting a 'no' It seems such a shame to have to continue paying my landlord my lifes earnings/savings. I was therefore wondering whether if DWP say I have to live off the proceeds of the buy to let rather than use the proceeds to put towards a home, whether a judge at appeal may take a different stance. The judge possibly may say the money has come from the sale of my home albeit indirectly and given my difficult circumstances the last few years override a negative DWP decision?? I know this is not your area but thought you may have a feel for how much a judge can be 'flexible' with the rules/legisation