does anyone know if there has been a legal challenge or caselaw decision that requires to make DM accountable for their decsions on ESA ...
what I am thinking about is the DM/atos advice rejecting a claim for exceptional cases ESA where they are advised but ignore the advice that a substantial risk exists in the claimant being required to either go onto jsa or wrag when they should be in the support group
what happens if the claimants health is then substantial damanged by trying to comply with the DM decision - who is accountable here
As far as I am aware, there have been no legal challenges or caselaw that has been made public pertaining to the circumstances you have described.
That is not to say that legal challenges haven't been made, but to the best of my knowledge B & W are not aware of any court cases or established caselaw on this particular issue?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
