PM v Department for Social Development (ESA) [2011] NICOM 245

The claimant had previously been awarded employment and support allowance (ESA) from 23 August 2009 by a decision maker of the Department in a decision dated 14 October 2009. After completing an ESA Questionnaire, the claimant was examined by an examining medical practitioner (EMA) in January 2010. On the basis of this report, a decision-maker of the department on 24 February 2010 awarded a claimant six points for descriptor 1(e) (walking). The claimant therefore did not qualify for ESA. This decision superseded the decision of October 2009. The claimant appealed to the appeal tribunal who dismissed the appeal and upheld the February 2010 decision.