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ESA - Reliably and Repeatedly?
- MECFSrecovery
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11 years 4 months ago - 11 years 4 months ago #96059 by MECFSrecovery
ESA - Reliably and Repeatedly? was created by MECFSrecovery
I have CFS and am having to appeal for my ESA after years of qualifying.
Part of the difficulty is that sometimes I can do a descriptor, but more often I cannot. Also doing them leads to being more tired and less able.
In the ESA info here and elsewhere there are mentions of how you should be able to complete a task reliably and repeatedly in order to say 'yes'. However - it seems vague and Im wondering if this is actually hard written in the legislation - in any ATOS or DWP documentation I can directly refer to for my appeal case.
Part of the difficulty is that sometimes I can do a descriptor, but more often I cannot. Also doing them leads to being more tired and less able.
In the ESA info here and elsewhere there are mentions of how you should be able to complete a task reliably and repeatedly in order to say 'yes'. However - it seems vague and Im wondering if this is actually hard written in the legislation - in any ATOS or DWP documentation I can directly refer to for my appeal case.
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #96061 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA - Reliably and Repeatedly?
MECFSrecovery wrote:
CE/1992/2010 [2011] UKUT 61 (AAC) stresses the need for tribunals to consider the ability to repeatedly and reliably undertake actions. This is confirmed in the Decision Makers guide Volume 8, Chapter 42, paragraph 42175.
If relevant you can also look at ESA Regulation 27, although this can be more difficult to prove.
I hope this helps
Gordon
It's not defined in the actual ESA legislation, but is referenced in Case Law, that a Tribunal panel should be aware of.I have CFS and am having to appeal for my ESA after years of qualifying.
Part of the difficulty is that sometimes I can do a descriptor, but more often I cannot. Also doing them leads to being more tired and less able.
In the ESA info here and elsewhere there are mentions of how you should be able to complete a task reliably and repeatedly in order to say 'yes'. However - it seems vague and Im wondering if this is actually hard written in the legislation - in any ATOS or DWP documentation I can directly refer to for my appeal case.
CE/1992/2010 [2011] UKUT 61 (AAC) stresses the need for tribunals to consider the ability to repeatedly and reliably undertake actions. This is confirmed in the Decision Makers guide Volume 8, Chapter 42, paragraph 42175.
If relevant you can also look at ESA Regulation 27, although this can be more difficult to prove.
A claimant who at the commencement of any day has, or thereafter develops, limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work throughout that day.
I hope this helps
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MECFSrecovery
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11 years 4 months ago - 11 years 4 months ago #96070 by MECFSrecovery
Replied by MECFSrecovery on topic Re:ESA - Reliably and Repeatedly?
thanks Gordon
so its just a 'case for consideration'...which sounds pretty open to interpretation...
The ESA Regulation 27 could be useful because it absolutely is the case with me where my condition is worst in the morning.
so its just a 'case for consideration'...which sounds pretty open to interpretation...
The ESA Regulation 27 could be useful because it absolutely is the case with me where my condition is worst in the morning.
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #96075 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA - Reliably and Repeatedly?
MECFSrecovery wrote:
Gordon
There are very few absolutes in Benefit Law, most things are subject to consideration, what it does mean is that they simply cannot ignore these issues, or dismiss them as not relevant.thanks Gordon
so its just a 'case for consideration'...which sounds pretty open to interpretation...
The ESA Regulation 27 could be useful because it absolutely is the case with me where my condition is worst in the morning.
Gordon
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- bro58
11 years 4 months ago #96076 by bro58
Replied by bro58 on topic Re:ESA - Reliably and Repeatedly?
Hi,
As an add-on to Gordon's good advice, please see the following links to :
CE/1992/2010 [2011] UKUT 61 (AAC)
ESA Reg 27
&
DM Guide Volume 8 Chapter 42.
It is also mentioned in : The WCA Handbook (page24-25?)
bro58
As an add-on to Gordon's good advice, please see the following links to :
CE/1992/2010 [2011] UKUT 61 (AAC)
ESA Reg 27
&
DM Guide Volume 8 Chapter 42.
It is also mentioned in : The WCA Handbook (page24-25?)
bro58
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