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About a tribunal

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12 years 1 month ago #81913 by Jc
About a tribunal was created by Jc
Hi , i applied for a tribunal and as a result of that my case was checked again(?)
On the two score sheets i have , added together they amount to a total of 33 points.
The peron reviewing on this occasion has stated that in section conversion (LCW placed in WRAG) that i have been determined to be treated as having a limited capability for work.
The statement underneath this then says , Quote ..." i have also determined that by reason of her physical/mental condition none of the descriptors set out in schedule 3 of the ESA regulations apply and she will be placed in the work related activity group.
im a little confussed now , what am i expected tp make of these comments .

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 month ago #81916 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:About a tribunal
Hi JC,

As I don't deal with ESA queries, as my experience is for DLA and DLA appeals.

I'm sure another moderator with ESA experience will reply ASAP.

In the meantime see www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444 and scroll down to the section on Employment Support Allowance.

Good luck .

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 1 month ago #81918 by slugsta
Replied by slugsta on topic Re:About a tribunal
It sounds to me as if you have 'passed' your assessment and been granted ESA becuase you have limited capacity for work'. Your have been placed in the Work Related activity Group because you did not meet the criterai for the support group (you were deemed NOT to have limited capacity for Work Related Activity). While in the WRAG you will have interviews with advisers but you cannot be asked to seek work or undertake work.

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

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  • bro58
12 years 1 month ago #81919 by bro58
Replied by bro58 on topic Re:About a tribunal
Jc wrote:

Hi , i applied for a tribunal and as a result of that my case was checked again(?)
On the two score sheets i have , added together they amount to a total of 33 points.
The peron reviewing on this occasion has stated that in section conversion (LCW placed in WRAG) that i have been determined to be treated as having a limited capability for work.
The statement underneath this then says , Quote ..." i have also determined that by reason of her physical/mental condition none of the descriptors set out in schedule 3 of the ESA regulations apply and she will be placed in the work related activity group.
im a little confussed now , what am i expected tp make of these comments .


Hi JC,

What that is basically saying is that you do not qualify for entry to the Support Group of ESA, as you do not fulfill any of the Support Group descriptors, as in the LCWRA descriptors of Schedule 3 of the ESA Regs, see :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

bro58

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12 years 1 month ago #81922 by Jc
Replied by Jc on topic Re:About a tribunal
Ok thank you so far , now i will have to wait for the actual tribunal ( about 30+ weeks?) and fight my case there.

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