Successful appeal for disabled client wrongly placed on Work Related ESA

A client with severe mobility and other problems was wrongly  placed in the work related group for ESA after an ATOS medical assessment.

Moss & Co were able to advise the client that he did appear to fit the criteria for the support related group as he did appear to score 15 points and so we were able to assist him with an appeal in relation to this matter as outlined in the social security legislation.

Moss & Co were able to contact the client’s hospital specialist who was able to confirm that due to his severe mobility and long term health issues he was unable to walk for a substantial period of time and suffered from substantial problems with other areas of self care.

Lengthy submissions on law and fact were prepared for the tribunal. Based on the strong evidence and submissions which were submitted on behalf of the client the Department for Work and Pensions made a decision to overturn their decision and placed the client in the Support Related group for Employment and Support Allowance.

Note: Although you do not have to be represented on appeals there is statistically a higher prospect of success if you have professionally drafted submissions on the facts and law relating to your case. Despite what the Government say the law is complex and accurate statutory referencing and referral to precedents helps the tribunal focus on the most relevant aspects of your appeal. On some evidence 32 per cent of appeals against an ESA decision are successful when the client is unrepresented but this rises to around 80 per cent when represented*.

*Cabx data January to March 2012

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