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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Novel approach by DWP to Regs 29 & 35

nickturnill
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Caseworker - Oxfordshire Welfare Rights

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Total Posts: 2

Joined: 16 June 2010

ESA appeal submission in response to concerns confirmed by GP about substantial risk to health of a client with an enduring major mental illness found not to have LCWRA:

“It has been stated that there is a possible deterioration of her mental health and risk tipping her back into a psychotic state (sic)... In response I would submit that if (...) has experienced significant worsening of her existing condition after the date of decision she may submit a new claim.”

Don’t worry about risk to health. If they get worse they can make a new claim. Simple!

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3135

Joined: 16 June 2010

Its not just the DWP either.  I’ve had a FtT make a similar mistake recently.  Permission to appeal has now been granted by the UT.