Received in the post, 22 hours after I left the court....
The appeal is allowed
The decision made on 05.03.2013 is set aside
The DWP on 05.07.2013 were directed to say why the Appellant’s letter of appeal was not treated as a request for supersession and to provide a copy the ESA85. The DWP have not complied with these directions.
The DWP were put on notice that the appeal letter could not be treated as a supersession request and I now so treat it and, given that the Appellant is considerably stressed by the time it is taking to resolve his appeal, I am today determining the supersession issue.
The Appellant was a credible witness and today provided me with a bundle of medical evidence confirming that he suffers regular petit mal seizures and very frequent ventricular ectopy. Both conditions are disabling and I have conducted that the Appellant by virtue of Regulation 35 is to be treated as having limited capability to work-related activity by reason of his conditions on the ground there would be substantial risk to his physical health if he were not so found.
And so there it is. I think I win. Now to start the process of making somebody accountable for this, frankly ludicrous and long drawn out shambles...