I have recently had a massive increase in people on drug programmes being found fit for work - some of them are on up to 100mls of methadone a day on supervised programmes. Looking through the descriptors it is proving very hard to get them points (certainly a lot harder than the old PCA).
Has anyone represented drug users yet at an ESA appeal and if so any particular tips to share?
Thanks.

Hi Herbert

The short answer is yes (for us in South Somerset)! Including people under court ordered treatment programmes.

The appeals we've submitted are generally being revised in clients favour after we've submitted evidence from Probation and/or relevant agencies running the programmes etc (evidence from them being the key) etc so not going to Tribunal. The only one so far to go to actual appeal was one of my colleagues clients case's, which was successful on the basis of client being exempted through reg 29 (2) (b)ESA regs'because of your illness there would be a substantial risk to the mental or physical health of any person were you found not to have LCW' etc etc etc.

CPAG Welfare Rights Bulletin 211 Aug edition has a really good article on this exemption and the PCA equivalent reg 27 (b) incapacity for work regs.

Andy

I have always been of the opinion that this was the way to deal with people whose ability to participate in a treatment programme would be jeopardised if they were found not to have limited capability for work.

We share your opinion Ariadne too, unfortunately any ESA 50's and evidence sent with them go direct to Medical Services in Bristol and then appear to be passed straight on to the ESA ADA'S undertaking the medical examinations around our way, who can't seem to make that connection and the consequences of their failure to participate in a treatment programme.

Fortunately for our clients, so far so good (despite the trauma caused) with the exception i highlighted, appeals are being lapsed and decisions revised in clients favour. Which raises the obvious question what about everyone else?