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ESA Support Group and DLA evidence
Forgive me if I am going over ground covered in earlier posts - details are;
Client has come with an appeal against refusal to put her in support group - decision made 23/07/10 that she scored 15 points on LCW so placed in WRA group, but did not saisfy any descriptor for LCWRA. Appeal now listed for 22/07/11.
She was awarded DLA HRMC plus LRCC from 16/08/10 - this is after date of decision but due to 3 months backwards test I will say that she satisfied conditions for HRMC at date of decision.
Due to old LCWRA test its the old 30m test for walking - however, being accepted as “virtually unable to walk” should be evidence which the Tribunal can take into account. I am aware that Tribunals are not keen on this approach, with the usual guff about it being separate legal tests etc.
Has anyone had any success with this approach?
Also I seem to remember some case-law about where DLA criteria and PCA criteria overlap (eg on walking) - can anyone remind me where to find this.
Many thanks as always!
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