Which ESA group am I in

lostinthought
lostinthought Online Community Member Posts: 10 Listener
Hi I had my tribunal yesterday but it don't say what group I'm going to be in. Can anybody help me please the letter says

1:the appeal is allowed
2:the decision by the secretary of state on 11/12/17 is set aside.
3: Mr Xx had limited capability for work
4: in applying the work capability assesment 18 points where scores from the activities  and descriptors in schedule 2 of the ESA regulation s 2008 made up as follows.

6 points for coping with change
6 points for getting about
6 points for coping with social engagement due to cognitive impairment or mental disorder

5: no schedule 3 descriptors applies regulation 35 of the ESA regulations 2008 did not apply.

By reason of significant anxiety and low mood  Mr Xx is significantly limited in particular in carrying out daily living activities that requires interaction with people he does not know. As a result the above  descriptors are satisfied. In reaching its decision the tribunal placed particular reliance upon the evidence from Mr Xx and his mother.

Any recommendations  given below does not form part of the tribunals decision and is not binding on the secretary of state. 

The tribunal recommendes  that the DWP  does not reassess Mr Xx  within 24 month from today's date.

Does that mean I'm in support group!?

Comments

  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Hi @lostinthought and welcome to the community! I hope you get the answers that you are looking for and the community is able to help! In the meantime please do have a look around and get involved in any other discussions you like! If you need anything else then please do not hesitate to be in touch!
  • poppy123456
    poppy123456 Online Community Member Posts: 63,185 Championing
    Hi,
    As previously answered in your other thread, this is WRAG and not Support Group. See your other thread regarding this, here. https://community.scope.org.uk/discussion/47205/tribunal-for-esa#latest

    5: no schedule 3 descriptors applies regulation 35 of the ESA regulations 2008 did not apply.
    This mean that Support Group did not apply.



  • lostinthought
    lostinthought Online Community Member Posts: 10 Listener
    Thank you both very much
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    Hi lostinthought

    Just to add to poppy123456 the tribunal has no power in regard to how long ESA should wait until they reassess your case.  As such, although it states on the tribunal decision that your cases should not be reassessed for 24 months this is a suggestion by the tribunal rather than an order.

    Maria
  • lostinthought
    lostinthought Online Community Member Posts: 10 Listener
    Thank you maria, I totally understand