Appeal Help ESA

Assistance please Case law for Alcohol dependancy anything I can use to shows effects of alcohol can be used in decising descriptors apply I do have CE/437/2011 any more greatly appreciated.

Also Howker can this apply to ESA to ? I sure it can but preparing submission and want to include it also.

Also sorry any thoughts on this lady disallowed IB 7/12/10 due to non attendance of WCA (due to alcohol problems)

not sure what she did from then to 16/3/11 when she applied for ESA and it was decided on 19/4/11 that LCW could not be determined until WCA (no payments made to her) ESA50 completed 17/5/11 assesment not till 26/7/11 STILL NO BENEFIT IN PAY ALL THIS TIME failed WCA decision made September only then did basic rate ESA be put in place after the GL24

this lady had no money at all all this time I know it a bit late now as we have only just become incvolved in this case and hearing is 2 february 12 but i do think this is a total farce
1. why cant determine LCW (if it because failure of WCA attendance for IB surely this can not be as totally different benefit applied for over 3 months later.

HELP

Thanks for this
My Lady in question IB claim was disallowed because she failed to attend a WCA.
She never appealed
over 3 months later albeit within 6 months claimed ESA which was witheld pending a WCA i assume under the reg mentioned above although the case papers make no reference to what legislation used.

The whole process took 26 weeks from claim to decision being made and now the case papers ask the tribunal to consider not entitled from 16/9/2011.

I want them to consider entitlement form the claim date am i right. getting a bit confused as she was never paid any esa i am assuming if succesful that she will be paid from claim date and not decision date

Howker can’t apply because that was about a defect in amending regulations to the Incapacity Benefit rules. ESA rules haven’t been amended in the same way so Howker as a point of law is irrelevant - the case declared the amendment null and void..

However the “exceptional circumstances” rules for people who don’t get the points but where ther would be danger to the life or health of any person if they were found fit for work ARE recreated in ESA to the same effect as the way the IB regs ahd to be interpreted after Howker. It’s now regulation 20 for the WRA group and 35 for the support group.

I’ve always thought that people who are in the process of recovery from a mental illness or any form of substance abuse are the most likely to benefit from these deeming provisions. They may cope reasonably well if left alone, but put them under strain (like at work), and there must be a high risk that they will relapse and be a danger to themselves and other.