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ESA apeals to get into Support Group
- Janice
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11 years 7 months ago #94181 by Janice
ESA apeals to get into Support Group was created by Janice
I have had ME the last 12 years and I am trying to get the DWP to out me into the Support Group for ESA.
•The DWP put me in WRAG with 18 points.
•The ATOS medical clearly stated that I would be unable to work for at least 2 years with an added bit about " the client is unlikely to return to work in the longer term" and cited my ESA50, medical history and the medical evidence I'd included with my ESA50.
•My logic told me this would be enough but a Judge at my first hearing requested supporting evidence to support my claim of "Exceptional circumstances". I was grateful that somebody was kind enough to give a reference to a "reliably, repeatedly and safely" precedent which was in 2011 UKUT 61 (AAC) case number CE/1992/2010 but this was concerning an FM patent and ME/CFS was only referred to in the Judges summing up (point12).
•Does anybody know of any other precedents which have been set re :- ME and Support Group appeals? I have an hour long hearing coming up on 21st November.
All in all I feel a bit stymied so any suggestions would be very gratefully received. Kind regards Janice
•The DWP put me in WRAG with 18 points.
•The ATOS medical clearly stated that I would be unable to work for at least 2 years with an added bit about " the client is unlikely to return to work in the longer term" and cited my ESA50, medical history and the medical evidence I'd included with my ESA50.
•My logic told me this would be enough but a Judge at my first hearing requested supporting evidence to support my claim of "Exceptional circumstances". I was grateful that somebody was kind enough to give a reference to a "reliably, repeatedly and safely" precedent which was in 2011 UKUT 61 (AAC) case number CE/1992/2010 but this was concerning an FM patent and ME/CFS was only referred to in the Judges summing up (point12).
•Does anybody know of any other precedents which have been set re :- ME and Support Group appeals? I have an hour long hearing coming up on 21st November.
All in all I feel a bit stymied so any suggestions would be very gratefully received. Kind regards Janice
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- Gordon
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11 years 7 months ago #94220 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA apeals to get into Support Group
Janice
The following link has details of the ESA Case Law available and a brief explanation of the content.
www.disabilityrightsuk.org/esalaw.htm
The difficulty you have with trying to use the Exceptional Circumstances for ESA, is that the burden of proof lies wholely with you, meaning that you need to provide specific, and compelling evidence, that your performing Work Related Activity would be a danger to you or to others.
Case Law may assist you, but unless the underlying evidence is also available, you may have problems proviong your case.
Gordon
The following link has details of the ESA Case Law available and a brief explanation of the content.
www.disabilityrightsuk.org/esalaw.htm
The difficulty you have with trying to use the Exceptional Circumstances for ESA, is that the burden of proof lies wholely with you, meaning that you need to provide specific, and compelling evidence, that your performing Work Related Activity would be a danger to you or to others.
Case Law may assist you, but unless the underlying evidence is also available, you may have problems proviong your case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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