anned
Welfare benefits worker, Hambleton Citizens Advice Bureau, Northallerton
Member since 06th Apr 2005
|
Deterioration and Reg 27
Tue 01-Jun-10 02:44 PM |
Client suffers from depression and alcohol dependency. He scored no points in the ESA assessment for LCW. Two weeks later he was admitted to hospital where he remained for several weeks.
In the submission to the tribunal the Sec of State (correctly) states that deterioration should be the subject of a new claim and could not be considered at the appeal. It is likely, however, that the client was in a precarious state of mental health at the date of the decision and that the decision itself tipped him over the edge.
Is there any value in getting medical evidence to that effect with a view to using Reg 27 in hindsight? If his GP can confirm that, at the date of the decision, there was a substantial risk to his health if he were to be found not to have limited capability for work (which subsequent events have shown to be a real danger), could this be accepted as evidence that Reg 27 applied at that time?
|