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

ESA appeal and Permitted Work

AdviceShop
forum member

Advice shop - West Lothian Council

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Total Posts: 85

Joined: 24 June 2010

Hi,

Im looking for some advice for an ESA appeal i have.  Client claimed ESA from and including 08/07/2010.  Attended a medical on 18/11/2010 got 0 points and taken off benefit as of 01/12/10.  Started permitted work mid nov 2010 with help from ingeus advisor - still doing this with max of 10 hrs per week. 

Has anyone had any appeals with this kind of situation?  If she is doing permitted work is the DWP not admitting that she does have a limited capability to work?  Any advice received would be grateful as first ESA ive had in this kind of situation.

Thanks Saima

Robbie Spence
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Independent benefits adviser and trainer

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Total Posts: 116

Joined: 14 July 2010

If she is still on ESA pending her appeal, following the decision dated 01/12/10, then she is entitled to do permitted work under the ESA rules. The fact that she is doing so is not an admission by the DWP that she has a limited capability to work.