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to

Welfare rights
(ESA)

4 December, 2015

Risk of work-related activity post IM

CE/5561/2014

13 November, 2015

Tribunal erred by failing to undertake a sufficiently ‘full and holistic consideration’ of ESA regulation 29(2)(b)

CE/1637/2015

12 November, 2015

Tribunal entitled to hear ESA appeal without medical member with claimant’s consent

CE/5101/2014

26 October, 2015

Regulation 35 / test for people living abroad and claimant's inability to put forward a case due to lack of information in DWP submission

CE/3711/2014

7 October, 2015

Mobilising with significant discomfort or exhaustion should be disregarded for the purposes of Activity 1

CE/5661/2014

5 October, 2015

Descriptor 1 of Activity 15 requires investigation of whether claimant can go to a place outside the immediate vicinity of their home

CSE/236/2015

23 September, 2015

Activity 13 / how test of initiating or completing ‘sequential personal actions’ is to be applied

CE/2966/2014

1 September, 2015

Activity 7 / claimant needs to be impaired in understanding either spoken or written communication but not both

CE/3086/2014

20 August, 2015

Assessment of whether claimant is unable to reach toilet quickly is a notional test / need to assess whether claimant is in severe discomfort when mobilising

CE/4876/2014

20 August, 2015

Relevance of claimant's education course to regulation 35 / whether test of ability to participate in work related activity is hypothetical

CE/799/2015

18 August, 2015

Home working may be relevant to consideration of regulation 35 and there is no absolute prohibition from considering it under regulation 29 although it is unlikely to be relevant

CE/534/2015

13 August, 2015

Tribunal erred in not taking account of evidence relating to award of the DLA higher rate mobility component in determining her ESA appeal

CE/3630/2014

20 July, 2015

‘Cannot chew or swallow food or drink’ in ESA descriptors means ‘cannot either chew and swallow food or swallow drink’

CE/5261/2014

16 July, 2015

Tribunal erred, but not materially, in requesting ESA appellant to raise trouser legs to examine lower limbs

CE/2178/2014

10 July, 2015

Legal requirement for conversion decisions from incapacity benefit to ESA to consider entitlement to income-related ESA

CE/277/2014

24 June, 2015

Bucket is not a continence aid / continence points cannot be scored for mobility problems alone

CE/3689/2014

23 June, 2015

Application of activity 10 - ‘consciousness during waking moments’

CE/3933/2014

2 June, 2015

DWP decisions not legally valid due to failure to assess extent to which claimants satisfied Schedule 2 descriptors

CE/366/2013

22 May, 2015

Whether tribunal was entitled to find that appointment letter had been sent to claimant

CE/909/2011

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