Employment and Support Allowance (ESA)
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Won my ESA tribunal but can’t understand the wording

1; The appeal is allowed.
2; The decision made by the Secretary of State on 08/10/18 is set aside.
3; Mr++++ has limited capability for work. the matter is now remitted to the secretary of state to make a final decision upon entitlement to ESA
4; this is because insufficient points were scored to meet the threshold for Work capability Assessment, but Regulation 29 of the ESA Regulations 2008 applied
5; No schedule 3 descriptor applies. Regulation 35 of the ESA regulations 2008 did not apply.

By reasons epilepsy Mr ++++ is significantly limited. nevertheless he does Not score sufficient points. however if he were found capable of work this would result in a substanial risk to his Physical health.
In reaching its decision the tribunal placed reliance upon all the available evidence.
The tribunal recommends that the department does not reassess within 24 months from today’s date.


i got my appeal decision today only had appeal yeaterday as well, looking at this does this mean that i am in the WRAG group. ty for any reply's

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Limited Capability for work is WRAG yes. You were placed into this group through reg 29 for substantial risk. If your claim started after April 2017 then you will remain on £73.10 per week. If your claim started before that date then it can take 8 weeks for DWP to pay backdated money.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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