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Reg 29&35; successful appeals
Hi,
We’re looking for examples of when a person has been found to have LCW & LCWRA based on regulations 29 and 35, in particular upon appealing the decision. We are relying on these regulations for several clients at the moment.
One client in particular was been receiving ESA in SG based on treatment for cancer. She has been in remission since 2013 and has carried out periods of permitted work since then. Upon reassessment, she has been found fit for work and WRA, having scored 0 points. We have gone in to each descriptor with her in great detail and are in agreement that she doesn’t meet the criteria to score any points. However, the client feels that job seeking and working would be detrimental to her health.
Client suffers from back and knee stiffness. She also has weakness in wrist and fingers. She suffers from depression and has been taking Citalopram at 20mg daily for about 1 year. Client is currently actively looking for work and is eager to find a suitable job. However, she feels that she does not have the core strength to be able to work for much more than 16 hours per week. Being rejected for jobs has also impacted on her confidence and self esteem.
In terms of medical evidence, we have one letter from her GP which states:
“As a result of the diagnosis and treatment as well as other significant stressors, she became significantly depressed and physically fatigued. She tried to cope with these symptoms initially but following a series of family bereavements last year, we started her on medication. Although she has been helped a little by this, she remains significantly low in mood and her fatigue is such that she struggles with doing activities at home, without suffering from extreme tiredness.”
We’re not sure on the merit of challenging this decision further based on reg 29 & 35. If anyone is able to share any examples or ideas (or the questions to expect at tribunal), it would be extremely helpful.
Kind Regards
Kate