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Appeal Granted !!!

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12 years 5 months ago #72164 by Gordon
Replied by Gordon on topic Re:Appeal Granted !!!
Dseven

I'm afraid the result you have posted is contradictory.

Do you know whether you assessed under the new rules or the old ones? The easiest way to know is whether question 1 on the ESA50 talked about walking or mobilising.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 5 months ago #72167 by Dseven
Replied by Dseven on topic Re:Appeal Granted !!!
Gordon wrote:

Dseven

I'm afraid the result you have posted is contradictory.

Do you know whether you assessed under the new rules or the old ones? The easiest way to know is whether question 1 on the ESA50 talked about walking or mobilising.

Gordon


It uses the word By "moving" we mean including the use of aids such as a manual wheelchair, crutches or walking stick.

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12 years 5 months ago #72171 by Gordon
Replied by Gordon on topic Re:Appeal Granted !!!
Dseven wrote:

It uses the word By "moving" we mean including the use of aids such as a manual wheelchair, crutches or walking stick.

OK. that means that it was under the new regulations.

The descriptor referred to as 10(a) relates to Conciousness during waking moments and specifically to

At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 15 points

This sufficient points for you to be placed in the Work Related Activity Group.

Although your letter goes on to say

and does have limited capability for work-related activity

This particular descriptor does not have an associated Support Group descriptor. So I am not sure why this phrase has been included. It is possible to qualify for the Support Group under the Exceptional Circumstances criteria, but this would normally be explained in the letter.

I can only suggest that you contact the Tribunal Service and/or your local DWP office and ask for clarrification.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Dseven
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12 years 5 months ago #72197 by Dseven
Replied by Dseven on topic Re:Appeal Granted !!!
Gordon wrote:

Dseven wrote:

It uses the word By "moving" we mean including the use of aids such as a manual wheelchair, crutches or walking stick.

OK. that means that it was under the new regulations.

The descriptor referred to as 10(a) relates to Conciousness during waking moments and specifically to

At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 15 points

This sufficient points for you to be placed in the Work Related Activity Group.

Although your letter goes on to say

and does have limited capability for work-related activity

This particular descriptor does not have an associated Support Group descriptor. So I am not sure why this phrase has been included. It is possible to qualify for the Support Group under the Exceptional Circumstances criteria, but this would normally be explained in the letter.

I can only suggest that you contact the Tribunal Service and/or your local DWP office and ask for clarrification.

Gordon


Thankyou for the clarification Gorden. I will contact the tribual service tomorrow and post what they say.

Thanks again for all the help

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12 years 5 months ago #72219 by Marilyn
Replied by Marilyn on topic Re:Appeal Granted !!!
Hi everyone
I was originally given 0 points at my medical assessment and appealed against the decision. My tribunal was heard last Saturday and on arriving, the clerk of the tribunal told me she had been trying to ring me to advise me not to attend as the panel had already looked at the paper evidence I had provided and granted my appeal. I assumed, wrongly, as it turns out, that I had been placed in the support group but no. A letter arrived this morning stating that I have been put into the WRAG. I was absolutely staggered at this as I have a rare progressive muscle wasting condition. My consultant provided a letter stating this and also that in his opinion I am unfit for work. In a state of shock and not sure what to do next at the moment.

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12 years 5 months ago #72222 by Derek4
Replied by Derek4 on topic Re:Appeal Granted !!!
Hi Marilyn

Did to say either on your GL24 notice of appeal or in any subsequent letter to the DWP or tribunal that you feel you should be placed into the support group?

Derek

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