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ESA MR SUCCESS!

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5 years 5 months ago #223502 by teganbach
ESA MR SUCCESS! was created by teganbach
I have been waiting for the 3rd to roll around to share this news and now the day has come!

On New Year's Eve, I received a letter from the DWP and they have revised their decision on my ESA and have placed me, for 1 year, into the Limited Capability for Work group.

In their lengthy decision, they support the original decision maker in that I did not earn the 15 points to earn a spot in that group. However, they used regulation 29 which allows them to consider whether or not I have a life-threatening condition which is uncontrollable or uncontrolled or that there would be a substantial risk to my health or that of others if I was found not to have Limited Capability for Work.

Based on my mental health and the way my anxiety manifests itself, they found that this applies to me because forcing me to look for work right now would send me downhill and cause harm to my health.

Reading between the lines, there were several things that convinced them. Firstly, that I had tried to go back to my previous job before I resigned and my health went downhill straight away. The fact that my medications had to be increased when my PIP decision came due to how badly I reacted. And finally, that I'm supposed to be receiving mental health input but I've "disengaged" with the service. All of this was evidenced as best as I could - my former employer, my GP, Mental Health Services.

With my ESA claim, I wanted the Limited Capability for Work outcome so I'm thrilled that I don't have to go to tribunal for it. When I got the letter, I was so happy I could have cried.

Next step for me now will be the tribunal for PIP. I have Citizen's Advice representing me but at present, I am at the stage where the DWP needs to respond to the appeal.

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5 years 5 months ago #223519 by Gordon
Replied by Gordon on topic ESA MR SUCCESS!
AC

What a great way to start the New Year, well done. Congratulations on the award.

Gordon

Tags: @RESULT @ESA

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