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Due to cuts in legal aid, many people can no longer access help for welfare benefit appeals. As a result, they often find it difficult to challenge unfair Employment Support Allowance (ESA) decisions.
This case study shows how a determined claimant, with the right legal help, managed to overturn an unjust ESA refusal.
Mr N (who prefers to stay anonymous) faced rejection for ESA. The DWP claimed he didn’t have a limited capacity for work. However, given his many medical conditions, Mr N knew the decision was wrong.
So, he appealed to the Tribunal. But he also recognised he would need the best legal advice to have any chance of success.
Thankfully, he found that help. Mr N contacted Scott-Moncrieff, an award wining national law firm. Solicitor Prakash Ruparelia, known for his work on welfare appeals, agreed to take the case.
Mr N said:
“Prakash was the most caring, professional and brilliant solicitor I’ve ever dealt with. He acted quickly, with real skill, and won the appeal.”
Prakash knew that Mr N’s health conditions met the criteria under the Work Capability Assessment. Instead of accepting the decision, he built a case that clearly demonstrated how Mr N’s illnesses affected his ability to work.
He explained:
“We carefully showed how his conditions impact him day to day. This approach helped the Tribunal understand the full picture.”
Scott-Moncrieff often represents clients with one or more of the following health problems:
Anxiety and depression
Diabetes
Vertigo
Chronic neck and back pain
Dizziness and drowsiness
Incontinence
Musculoskeletal issues
Neurological conditions
Mental health challenges
Cardiovascular problems
Abdominal pain
Although a healthcare professional had assessed Mr N, they gave him zero points for both physical and mental health categories. That assessment failed to reflect his reality.
Prakash Ruparelia responded:
“They overlooked his chronic pain, vertigo, and depression. Those conditions should have been central to the assessment. We couldn’t let that stand.”
To strengthen the case, the legal team gathered medical evidence. They presented reports from doctors who clearly described Mr N’s difficulties.
The Tribunal listened. It agreed that the DWP and their assessor had made mistakes. Importantly, it accepted that Mr N’s condition did limit his ability to work.
In the end, the Tribunal overturned the decision. Mr N regained his ESA, which helped him move forward with dignity.