ESA Tribunal

Hi HC,

Another "tip", where as with The WRAG Activities, you have to be able to carry them out for the majority of the time, (>50% of the time. e.g. more than 3.5 days in any 7 day period) before you can be assessed as being able to carry them out at all. With The SG Activities, not only must you be able to carry them out for the majority of the time, you must also be able to carry them out on the majority occasions that you attempt them :

"ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From :

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

So that is >50% of the times that you attempt the activity. e.g. You would have to be able to carry out the activity for more than 5 out of 10 attempts to be classed as being able to carry the activity at all.

You must also be able to carry out any of the WRAG or SG Activities, Repeatedly, Reliably and Safely, without suffering any significant pain, discomfort, fatigue or breathlessness.

Again, if you cannot carry out the Activities without suffering any of the above, you should be classed as not being able to carry them out at all.

Hope this helps.

bro58

Thank you.
I have been doing a lot of reading on here and finding it very helpful.

Housecat wrote: Thank you.
I have been doing a lot of reading on here and finding it very helpful.

That's good HC,

Don't get put off by all the information that we have provided in this topic, it is your topic, and you can refer back to it as you wish and work your way through all the info at your own pace.

If you are to appeal, make sure that you don't miss the deadline to lodge your appeal with The TS using The SSCS1 Appeal Form and a copy of your MR Notice.

You can submit further evidence to The TS after lodging your appeal, right up until around a fortnight before the hearing date.

bro58

Thank you

Hi, HC husband here.
My wife would like to attend an oral hearing but I am unsure that she could actually attend as her condition changes continually and I'm not even sure we could get her there on the day. Stress doesn't help her condition.
I just wondered if evidence of how someones condition affects them can be sent on an SD card to be looked at? I have in the past (for my wifes consultant) filmed some of the seizures/episodes that she has. She will not watch them as she finds them too upsetting but just wondered if it would be worth contacting them to see if this is a possibility?