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ESA Support Group - Tribunal

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Hi,

I would like advice on ESA.

Worked all of my life since leaving school c. 35 years. I developed a serious mechanical issue with my right foot and have osteoarthritis (OA), anxiety, hypertension etc, etc.

Had to leave my job last May. I have had two ATOS WCAs. First got put into WRAG for 6 months. Second found fit for work. I appealed the first decision against WRAG. I should have been put in Support Group (Cannot walk too well). DWP refused I lodged appeal to Tribunal.

Meanwhile walking is so bad that I applied and won DLA HR Mobility on appeal (No care) after the Tribunal sent a DWP ATOS Doctor round to my home.

This report said I can only walk 30 metres without significant discomfort (and I cannot walk more than 30 metres reliably and repeatedly, etc , etc.)

I have submitted all my paper s now for the ESA Tribunal (No date yet). The Tribunal have sent my copies back to me.

My question is this ... I have sent in medical evidence including a copy of the DWP Doctors report dated February 2013. Am I right to assume that if I cannot walk more than 30 metres then I am entitled to be in the Support Group OR would I have to prove this at an ATOS WCA ?

Is the evidence from the DWP Doctor not more valuable and significant ??

Can I ask the DWP to review based on the evidence I have provided to the Tribunal - which means I am likely to win hands down ??

Do the DWP review Tribunal evidence as it comes in and back down before the Tribunal date ??

Advice from anyone please ...

Based on http://www.tameside.gov.uk/esa/wca

Limited capability for work related activity descriptors

I Quote

If one descriptor applies to the claimant, they will be placed in the support group and will receive the Support Component in their ESA. They will not have to attend work focused interviews or a work focused health related assessment.


1) Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used

Cannot either
a) mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion; or

b) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion.

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