ESA Reg 29 (2) (b) - what evidence can I give?

Hi Nina

Thanks for taking the time whilst you’re under such pressure to let me know you had a more confident reply from Duthie Sol’s.

May I wish you all the very best of luck.

P.

Nina wrote: OK, putting the finishing touches to my submission to email it to HMCTS today... I've shown it to a relative who's a lawyer in another country, and he's asked whether it's possible to be found capable of part-time work, or working from home. I haven't seen this mentioned anywhere so I'm guessing not, but what is the standard of work they're using to decide if you're capable of it? My dr thinks it's full-time work outside the home, but I wanted to check. Do I need to be making a case that any work at all, even an hour or two a week, perhaps done from home, is impossible? Thank you, everyone, for the advice!

Hi Nina, another way to look at it is - which group do you think you should be put into? From the Gov website


Work-related activity group

You must go to regular interviews with an adviser who can help with things like job goals and improving your skills.

Support group

You don’t have to go to interviews, but you can ask to talk to a personal adviser. You’re usually in this group if your illness or disability severely limits what you can do.




If you use Regulation 29 and are successful you will be put into the work-related activity group for having limited capability for work


If you think you should be in the support group you should be using Regulation 35 which claims you have limited capability for work-related activity


Regulation 35 - note the different wording to Regulation 29 as I have put in bold above
www.legislation.gov.uk/uksi/2008/794/regulation/35/made

I have my hearing coming up on Monday morning... My sister is coming with me for moral support; will she be allowed into the hearing itself? Will it be OK for her to take notes for me?

Also, I will take a taxi to the hearing but haven't been in touch with the Appeals Service about expenses - can I claim back a taxi fare on the day or is it not worth trying? Also, if I arrive by taxi but leave by public transport (because I won't need to save my energy so much afterwards and can't afford to go both ways by taxi!) is that going to be interpreted in any way by the Service?

Thanks, all.

I was successful at my hearing yesterday - phew! They agreed that Reg 29(2)(b) applied. Thank you B&W, mods, and other forum users for your help! I'll write a more detailed account of the hearing later in the week - is there a particular place on the forum that should go, or should I put it here?