ESA Points of Law.

Charlie_the_Unicorn.

Hello, don't know the exact terms, but will ask me psychologist to write a letter to the tribunal in support of my ESA claim. Where can I find the 'points of law' specifically?

I know one states that 'a return to work will cause problems for the claimant' (paraphrasing badly there) I just can't locate what I'm looking for and want to prepare my tribunal documentation around this.

Any assistance greatly appreciated.

Eager_Elephant

Not sure if you mean case law - which is what happens when appeal cases go to Upper Tribunal.

I think you might mean the ESA regulations and the scoring system - this should be it http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

Charlie_the_Unicorn.

Thank you Eager, though I have found the Welfare Reform Act section 8 - A claimant may be treated as having limited capability for work if they:

...are suffering from a specific disease or disablement and there would be substantial risk to the health of any person if the claimant were found not to have limited capability for work.

That's what I was looking for. Cheers for your help.

Muttleythefrog

Yeah not quite sure to what you refer. Check out page 10/11 regarding non functional descriptors in the link given above.... I suspect it might be one of them rather than standard descriptors for WRAG or Support Group.

Muttleythefrog

Ah you got there..lol... that's what I suspected you referred to.

Muttleythefrog

I would add... if the psychiatrist is prepared to help with documentary evidence for your appeal.. then I would try to get them to confirm the standard descriptors they feel apply too in case the tribunal isn't persuaded of the exceptional circumstances.

Charlie_the_Unicorn.

Thanks Muttley,

Are those standard desscriptors in the link above??

Muttleythefrog

Charlie_the_Unicorn. wrote: »

Thanks Muttley,

Are those standard desscriptors in the link above??

Yep.. WRAG from page 17 (15 points total required to qualify). Support Group from page 24 (any descriptor sufficient to qualify).