Won my ESA tribunal but can’t understand the wording — Scope | Disability forum
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Won my ESA tribunal but can’t understand the wording

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Quofeous
Quofeous Community member Posts: 1 Listener
1; The appeal is allowed.
2; The decision made by the Secretary of State on 08/10/18 is set aside.
3; Mr++++ has limited capability for work. the matter is now remitted to the secretary of state to make a final decision upon entitlement to ESA
4; this is because insufficient points were scored to meet the threshold for Work capability Assessment, but Regulation 29 of the ESA Regulations 2008 applied
5; No schedule 3 descriptor applies. Regulation 35 of the ESA regulations 2008 did not apply.

By reasons epilepsy Mr ++++ is significantly limited. nevertheless he does Not score sufficient points. however if he were found capable of work this would result in a substanial risk to his Physical health.
In reaching its decision the tribunal placed reliance upon all the available evidence.
The tribunal recommends that the department does not reassess within 24 months from today’s date.


i got my appeal decision today only had appeal yeaterday as well, looking at this does this mean that i am in the WRAG group. ty for any reply's

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  • poppy123456
    poppy123456 Community member Posts: 54,359 Disability Gamechanger
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    HI,

    Limited Capability for work is WRAG yes. You were placed into this group through reg 29 for substantial risk. If your claim started after April 2017 then you will remain on £73.10 per week. If your claim started before that date then it can take 8 weeks for DWP to pay backdated money.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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