- Posts: 36
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Appeal decision allowed, Help in deciphering
× Members
Appeal decision allowed, Help in deciphering
- craig41
- Topic Author
- Offline
Less More
5 years 8 months ago #216501 by craig41
Appeal decision allowed, Help in deciphering was created by craig41
After waiting 8 months for my ESA appeal to be heard, it finally took place this week.
I have just received the decision which goes in my favour (what a relief).
The problem is I am not clear as to whether i remain in the support group or not, as it does not state clearly one way or the other.
I was granted 18 points which was made up of
6 for descriptor 12 Awareness of everyday hazards
6 for descriptor 14 Coping with change
6 for descriptor 15.Getting about
The decision then states that
No descriptor from schedule 3 of the ESA regulations was satisfied but regulation 35 of the ESA regulations 2008 applied
Due to my health condition it states i am significantly limited in the above activities.As a result the above schedule 2 descriptors are satisfied.Nevertheless he does not satisfy any Schedule 3 descriptors. However if he were to be found capable of work related activities this would result in a substantial risk of harm to himself and others given his health condition, to the point that his safety and that of others would be put at risk.
In reaching the decision the Tribunal placed particular reliance upon the evidence of the two consultants whose medical opinion to this effect has been submitted in evidence.
I would be grateful if someone is able to explain the above in "plain english"
Much obliged
I have just received the decision which goes in my favour (what a relief).
The problem is I am not clear as to whether i remain in the support group or not, as it does not state clearly one way or the other.
I was granted 18 points which was made up of
6 for descriptor 12 Awareness of everyday hazards
6 for descriptor 14 Coping with change
6 for descriptor 15.Getting about
The decision then states that
No descriptor from schedule 3 of the ESA regulations was satisfied but regulation 35 of the ESA regulations 2008 applied
Due to my health condition it states i am significantly limited in the above activities.As a result the above schedule 2 descriptors are satisfied.Nevertheless he does not satisfy any Schedule 3 descriptors. However if he were to be found capable of work related activities this would result in a substantial risk of harm to himself and others given his health condition, to the point that his safety and that of others would be put at risk.
In reaching the decision the Tribunal placed particular reliance upon the evidence of the two consultants whose medical opinion to this effect has been submitted in evidence.
I would be grateful if someone is able to explain the above in "plain english"
Much obliged
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
5 years 8 months ago #216509 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal decision allowed, Help in deciphering
Craig
The summary is that you have been placed in the Support Group again, so well done. It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call to make sure that they have received the Decision Notice.
The detail is;
- You met three of the WRAG Descriptors scoring a total of 18 points. This would have placed you in the WRAG but for the following.
- You did not meet any of the Support Group Descriptors. If you had scored 15 points for Awareness of Hazard or Coping with Change then you would.
- You met the criteria for the SG Substantial Risk Regulation (Reg. 35) and it was this that placed you in the SG
Gordon
The summary is that you have been placed in the Support Group again, so well done. It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call to make sure that they have received the Decision Notice.
The detail is;
- You met three of the WRAG Descriptors scoring a total of 18 points. This would have placed you in the WRAG but for the following.
- You did not meet any of the Support Group Descriptors. If you had scored 15 points for Awareness of Hazard or Coping with Change then you would.
- You met the criteria for the SG Substantial Risk Regulation (Reg. 35) and it was this that placed you in the SG
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- craig41
- Topic Author
- Offline
Less More
- Posts: 36
5 years 8 months ago #216520 by craig41
Replied by craig41 on topic Appeal decision allowed, Help in deciphering
Thank you Gordon for your prompt reply.
I am although confused as all 3 descriptors which i gained pointsi for are also descriptors in the Support Group . I am wondering why then I was not awarded the points in Schedule 3 as opposed to Schedule 2.
It is all so confusing, I would be grateful for your imput
Regards
I am although confused as all 3 descriptors which i gained pointsi for are also descriptors in the Support Group . I am wondering why then I was not awarded the points in Schedule 3 as opposed to Schedule 2.
It is all so confusing, I would be grateful for your imput
Regards
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
5 years 8 months ago #216523 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal decision allowed, Help in deciphering
Craig
Only two of the activities that you scored for can actually lead to the SG, the Going Out activity does not.
The SG Descriptors for these activities are equivalent to the 15 point Descriptors for these activities but as you only scored 6 points, you do not meet these.
Gordon
Only two of the activities that you scored for can actually lead to the SG, the Going Out activity does not.
The SG Descriptors for these activities are equivalent to the 15 point Descriptors for these activities but as you only scored 6 points, you do not meet these.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- craig41
- Topic Author
- Offline
Less More
- Posts: 36
5 years 8 months ago #216530 by craig41
Replied by craig41 on topic Appeal decision allowed, Help in deciphering
Thanks for the reply, I much appreciate it Gordon.
I would like to thank yourself and your team for all the helpful information given within Benefits and Work . It has surely assisted me not only with the appeal, but from when i initially received the dreaded form 12 months ago.
Regards
I would like to thank yourself and your team for all the helpful information given within Benefits and Work . It has surely assisted me not only with the appeal, but from when i initially received the dreaded form 12 months ago.
Regards
The following user(s) said Thank You: Gordon
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris