ESA tribunal

ppssammy

Hello, sorry if this has already been answered. to make a long story short my mother in law applied for ESA back in october 17. She lost the appeal.. we went to the tribunal yesterday and she won and was awarded 33 points. However on the letter we got yesterday its says this:

1.The Appeal is allowed.
2. The decision made by the secretary of sate on 19/10/2017 is set aside.
3. Ms...... has limited capability for work related activity.
4. in applying the work related capability assessment 33 points were scored from the activities and descriptors in schedule 2 of the sea regulations 2008:

then on the other side its says:

5. the following activity and descriptor from schedule 3 of sea regulations is applied.

by reasons etc etc etc..ms...... is significantly limited in particular as set out above. as a result the above schedule 2 and 3 descriptor are satisfied. in reaching its decision the tribunal placed reliance upon the totality of the evidence.

the tribunal recommends that the department does not reassess ms..... within 24 months from todays date..


Now my question is what group has she been put into?

many thanks and i hope it makes sense to someone as this is a first for me..

pmlindyloo

ppssammy wrote: »

Hello, sorry if this has already been answered. to make a long story short my mother in law applied for ESA back in october 17. She lost the appeal.. we went to the tribunal yesterday and she won and was awarded 33 points. However on the letter we got yesterday its says this:

1.The Appeal is allowed.
2. The decision made by the secretary of sate on 19/10/2017 is set aside.
3. Ms...... has limited capability for work related activity.
4. in applying the work related capability assessment 33 points were scored from the activities and descriptors in schedule 2 of the sea regulations 2008:

then on the other side its says:

5. the following activity and descriptor from schedule 3 of sea regulations is applied.

by reasons etc etc etc..ms...... is significantly limited in particular as set out above. as a result the above schedule 2 and 3 descriptor are satisfied. in reaching its decision the tribunal placed reliance upon the totality of the evidence.

the tribunal recommends that the department does not reassess ms..... within 24 months from todays date..


Now my question is what group has she been put into?

many thanks and i hope it makes sense to someone as this is a first for me..

Schedule 2 descriptors refer to those which are necessary for the WRAG and schedule 3 descriptors refer to those for the support group.

See bolded part - you seem to have missed out which descriptor for the support group she matched.

Based on what you have said it seemed that she has been placed in the support group.

Would help to confirm if you quoted the words you have missed out.

They look at the WRAG descriptors first and if you score 15 or more they then look at the support group descriptors to see if you fit one/more of these.

BorisThomson

Limited capability for WRA means she has been put in the Support Group.

ppssammy

Hi thank you both for your reply.

Which See bolded part do you mean?

I wrote it how it is on the letter she got off them at the tribunal.. it does say 15 points awarded for coping with social engagement due to cognitive impairment or mental disorder? Then under is said:

5. the following activity and descriptor from schedule 3 of sea regulations is applied.

hope it makes sense..

pmlindyloo

The bit where you say under no 5. '' by reasons etc etc''

What is the etc etc? They usually tell you why the claimant has been awarded the Support group.

Only useful to know for next assessment..........

ppssammy

Oh that bit.. it says By reason of anxiety and depression and arthritis, ms...... is significantly limited in particular as set out above. as a result the above schedule 2 and 3 descriptor are satisfied. in reaching its decision the tribunal placed reliance upon the totality of the evidence.

any recommendation given below does not form any part of the tribunal's decision and is not binding on the secretary of state.

the tribunal recommends that the department does not reassess ms..... within 24 months from todays date..


Thats what was said on the letter..

pmlindyloo

ppssammy wrote: »

Hi thank you both for your reply.

Which See bolded part do you mean?

I wrote it how it is on the letter she got off them at the tribunal.. it does say 15 points awarded for coping with social engagement due to cognitive impairment or mental disorder? Then under is said:

5. the following activity and descriptor from schedule 3 of sea regulations is applied.

hope it makes sense..

Makes perfect sense - descriptor 13 of the schedule 3 descriptors (support group) has been awarded i.e 15 points awarded for coping with social engagement due to cognitive impairment or mental disorder.

http://www.legislation.gov.uk/ukdsi/2013/9780111531877/schedule/3

ppssammy

Thank you pmlindyloo for your help!