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Neutral Citation Number: 2013 UKUT 573 AAC
Reported Number:
File Number: CE 587 2013
Appellant: DH
Respondent: Secretary of State for Work and Pensions (ESA)
Judge/Commissioner: Judge S. Wright
Date Of Decision: 13/11/2013
Date Added: 03/12/2013
Main Category: Employment and support allowance
Main Subcategory: Regulation 35
Secondary Category: Tribunal procedure and practice (including UT)
Secondary Subcategory: evidence
Notes: A decision that person has limited capability for work is also an affirmative decision that he or she does not have limited capability for work related activity, and that encmpasses both Sch. 3 and reg 35 of the ESA Regs 2008. Reg 35 (2) will almost always be an issue on a "support group" appeal where the appellant has been found to have limited capability for work under the mental health descriptors in Schedule 2 to the ESA Regs. The SofS's appeal response to the FTT on such appeals must set out the specific work-related activity he has found the appellant, with his or her mental health restrictions, is capable of doing and can do without substantial risk.
Decision(s) to Download: CE 0587 2013-00.doc CE 0587 2013-00.doc