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Crohn’s disease and stoma bag
Anyone aware of any commissioners decisions in relation to the above and in particular the mental health ESA descriptors??
Client has passed 2 previous WCA’s. Has failed third with 0 points!!!
No previous paperwork within DWP submission….theres a surprise!
Looking for any guidance on regulation 29 and 35 in such cases.
CE/1222/2010 allows mental health descriptors to be considered whether caused by a physical or mental health condition. Your post is very brief indeed and not really sure why you are looking to rely on Regs 29, 35?
Thanks folks for replies.
Had been looking at Reg 29 on basis of impact that being forced to work would have on mental health in view of having to go to toilet on numerous occassions, lack of confidence and low self esteem due to percieved smell etc.
I know folk in this area who will not visit family or friends due to this let alone being forced into employment.
As it was the appeal was won on merits of condition.
The fact that she had leakage a few times a week allowed 15 points for descriptor 9 and she also satisfied schedule 3 on descriptor 8.
Although client is only 48 the Tribunal had the decency to also recommend that client is not reassessed for an indefinte period. First time I had seen this. :)