Appeal Questions

Gordon wrote: Jonathan

It may just be the phraseology that you have used but I am concerned over your grounds for appeal.

Being unfit for work is not an ESA criteria, nor is being unfit for WRA.

The Exceptional Circumstances are about the risk of harm to the claimant if they are asked to work (WRAG) or asked to undertake WRA (SG).

If this is what you meant then no problem although you should be careful of your terminology, if not then you really need to go back to the ESA Claim guides, in particular the one for mental health issues.

Gordon

Gordon

Apologies, I have not made this very clear.

The grounds for appeal are based on challenging the findings of the Healthcare Professional on 3 activities, for which I scored 0 points, and the finding that exceptional circumstances do apply to my case.

I have provided the DWP and the tribunal medical evidence from 3 separate sources to support my case. I also believe the medical evidence I have provided will demonstrate that there is a substantial risk to my condition deteriorating if I am found fit to work or undertake work related activity.

My question is when the tribunal consider my appeal under the exceptional circumstances regulations (regulation 29 and regulation 35) do they consider my condition as at the date of my DWP medical, or in the case of work related activity, consider my condition as at the date of the tribunal?

Jonathan