Please help ESA tribunal 8th May

Hi,

My wife suffers from cerebral palsy and also severe vertigo. As both conditions means her balance is greatly affected could she appeal under "special circumstances" as she is a danger to herself and others as she does not know when the vertigo attacks are going to happen.

What does special circumstances mean? and how can we prove she fits into this category?

tabby026 wrote: Hi,

My wife suffers from cerebral palsy and also severe vertigo. As both conditions means her balance is greatly affected could she appeal under "special circumstances" as she is a danger to herself and others as she does not know when the vertigo attacks are going to happen.

What does special circumstances mean? and how can we prove she fits into this category?

Hi t026,

To qualify for ESA in The WRAG, under ESA Reg 29, you would have to provide evidence to show that there would be a "Substantial Risk" to herself or others due to her balance (or any other) issues.

The same goes for ESA Reg 35 and The SG.

ESA Reg 29 for entry to The WRAG (LCW)


ESA Reg 35 for entry to The SG (LCWRA)

With ESA Reg 29, the DWP can take into account whether the "Substantial Risk" could be alleviated by medication, or by making reasonable adjustments in the workplace.

Therefore, any evidence of falls caused by her balance issues, and the frequency of such falls should help.

You should also consider, whether these balance issues also mean that she qualifies under any of the Functional Descriptors :

WRAG (LCW) Descriptors

&

SG (LCWRA) Descriptors

Here is The Decision Makers Guide on the above :

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

Remember, to be classed as being able to carry out any of The Descriptors, she must be able to do so, Repeatedly, Reliably and Safely, for the "Majority" of the time. If she cannot, she should be classed as not being able to do so at all.

See also :

ESA Reg 34. (2) :

“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”

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

Qualifying for the WRAG

Qualifying for the Support Group

bro58