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

Won ESA appeal on Reg 29 but placed in WRAG

MichelleC
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Welfare benefit adviser, mhs Homes Medway

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Total Posts: 2

Joined: 17 May 2013

My client has been unable to work following a severe beating 8 years ago which has left him with dizziness and balance problems due to damage in his ears which will never improve, he also suffers with depression. He experiences head pain continually and walks as if he is drunk, he experiences dizzy spells that can last between 10 minutes and 2 hours, if he has to go on a bus he suffers with what he describes as sea sickness and it takes him at least half an hour to recover, if he goes to a supermarket it is as if the aisles are closing in on him and he uses walls lamp posts and any other available thing to help him navigate when indoors and outside. He avoids going out as much as possible and has good and bad days but sometimes is incapable of doing anything..  As I could not score him the required 15 points I went to appeal under Reg 29 and won but he was placed in the WRAG.
In the statement of reasons it is stated “he had a condition which would result in a substantial risk to the physical health of any person, including Mr E, if he were found capable of work” but later states that under Reg 35 “there was no substantial risk to either Mr E or any other person if he were found not to have limited capability for work related activity” They said that this is “substantially different to attending a workplace” and there was no significant risk to him when he was travelling (although he has had several near misses when he has drifted into the road when walking)

I want to challenge this and want some advice as the best way, I think that he is in danger of being sanctioned as he is likely to fail appointments etc I also feel it will aggrevate his depression as it will be demoralising as there is no hope of him being able to work Any advice welcome please?

Claire Hodgson
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PI Team, BHP Law, Durham

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Joined: 17 October 2013

appeal.  clear error of law (since the reasons contradict themselves)

Paul_Treloar_CPAG
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Advice and Rights Team, Child Poverty Action Group

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MichelleC
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Welfare benefit adviser, mhs Homes Medway

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Total Posts: 2

Joined: 17 May 2013

Thank you, have submitted appeal