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Thread: New, Unsure and Panicking slightly. An ESA thread.

  1. #1

    New, Unsure and Panicking slightly. An ESA thread.

    Hi everyone. I’m just looking for some advice since I can’t find anything relating to my esa appeal.

    Long story short. Was on esa for a year for severe depression and anxiety. April of this year comes around with an assessment. Assessment finds me fit for work so I appealed it because I’m anything but fit for work. I’ve just received a letter today from the first tier tribunal telling me that my appeal has been remitted to the Secretary of State.

    How my notice came to me.

    1. The appeal is allowed.
    2. The decision made by the Secretary of State on 11/04/2017 is set aside.
    3. _____ has limited capability for work. The matter is now remitted to the Secretary of State to make a final decision upon entitlement of esa.
    4. This is because insufficient points were scored to meet the threshold for the work capability assessment, but regulation 29 of the ESA Regulations 2008 applied.

    In a box below.

    15 - getting about - 6 points.
    16 - coping with social engagement due to cognitive impairment or mental disorder - six points.

    Under the box is number 5 which states that no one attended the appeal and they felt ok to proceed.

    I didn’t attend my appointment because I don’t leave the house for anything at all. If it can’t be done online, by phone or by my partner, then it’s not done at all. I am due to see a mental health clinic about my condition next week if I can force myself to go.

    It does state on a second page the following.

    By reasons of anxiety and depression, _____ is significantly limited. Nevertheless he does not score sufficient points. However if he were found capable of work, this would result in a substantial risk to his mental health. In reaching this decision the tribunal placed reliance upon the evidence contained in the appeal bundle.

    They also recommended that I should not be reassessed within twelve months from today’s date.

    In summary this letter has not calmed my nerves or put me at ease. I still have no idea what’s going on and I’m just panicking at this point. This whole situation has made me considerably worse and in some cases led me to self harm so that I feel something other than panic, terror and despair.

    Any advice towards this would be wonderful and greatly appreciated,

    Thank you.

  2. #2
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    You have won your Appeal and been placed in the WRAG with a recommendation of 12 months before reassessment, due to Special Regulation 26.
    The DWP have the option to Appeal this decision to the Upper Tier if they believe they have grounds, but this doesn't happen very often.

    Well done.

  3. #3
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,916
    Hi,

    The tribunal has awarded you ESA in the Work Related Activity Group (WRAG).
    This is what Limited Capability for Work (LCW) means.

    They have used a special regulation in the law to do this.

    Normally you have to score so many points to qualify.
    But they realise that you may not score that many points but still not be able to work.

    It's all fancy language but what it means is that you have been awarded ESA WRAG by the tribunal.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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