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Novel approach by DWP to Regs 29 & 35
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!
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.