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help wanted with a ESA/DLA combined appeal
I am just finishing a submission for the above (tribunal due 5/9/2012).
Claims resulted from long term sickness following 26 weeks SSP
WCA dated 1/10/2011 - NIL points
ESA disallowed 9/11/2011
DLA isallowed wholly on WCA evidence
I have a credible LCW case based on descriptors and especially on reg 29.
But he deseves to be in support group
Assuming that LCW is successful at tribunal My questions are:
Since no LCWA decision by DWP can tribunal rule on LCWA?
Which version of schedule 3 will apply?
What effect will this have on DLA?
I always include Sch 3 in my submissions, either to say that we are making no submissions about Sch 3 or to set out which of the Sch 3 descriptors apply and refer the Tribunal to medical evidence and caselaw as appropriate.
As the ESA decision was made at the end of 2011 then I imagine the current version of Sch 3 would apply. If you have a good case for reg 29 you might have a case for SG under reg 35.