ESA Decriptor 2 b (i) (ii)

Hi,
Just attended a first tier tribunal appeal,as a novice
representative.Unfortunately we failed to convince the panel
that the claimant had limited capability for work,mainly on the
descriptor 2 b (i) Standing unassisted by another person or (ii)sitting for more than 30 minutes.
The judge stated the standing and sitting time could be added,
and said this had been resolved in a Upper tribunal case,my query is can anybody shed any light on this case history,I have
searched Upper Tribunal reported Cases on the judiciary website,
and HM courts + TS website.
Best Regards.

Hi
I lost my case for a similar reason i was struggling to find
a point of law to appeal to upper tribunal they threw it out
ask for a statement of reasons from tribunal judge .

Balshaw wrote:

Hi,
Just attended a first tier tribunal appeal,as a novice
representative.Unfortunately we failed to convince the panel
that the claimant had limited capability for work,mainly on the
descriptor 2 b (i) Standing unassisted by another person or (ii)sitting for more than 30 minutes.
The judge stated the standing and sitting time could be added,
and said this had been resolved in a Upper tribunal case,my query is can anybody shed any light on this case history,I have
searched Upper Tribunal reported Cases on the judiciary website,
and HM courts + TS website.
Best Regards.

Hi B,

The scenario that you speak of is mentioned in this rightnet thread :

www.rightsnet.org.uk/forums/viewthread/1770/

In particular this post :

www.rightsnet.org.uk/forums/viewreply/7130/

Further, have you tried the "Toolkit" as mentioned here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=88285#88285

bro58

Hi B,

It's also covered from Page 35 of :

Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment. Updated July 2012
This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds. (70 pages)

Which is the 3rd link down this page :

ESA Guides

bro58

See also :

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

bro58