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TOPIC: Tribunial ruling on past claim

Tribunial ruling on past claim 1 week 3 days ago #174733

Hi all,
I have only just joined so I hope I am doing this correctly :( .
On my previous ESA claim in 2013 I appealed to the 1st Tier of a paper hearing with a Tribunal and had the DM decision set aside.

I am due to go on another face to face assessment tomorrow, and have already started to seek information on a Mandatory Review if needed.
My question is has anybody used or mentioned a previous Tribunal decision when having to appeal again. I still have all the paperwork for this but not sure if this can be used to fight my corner as such if needed to go down that anxious road once again.
Thank you
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Tribunial ruling on past claim 1 week 3 days ago #174741

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

The paperwork from your previous Tribunal might be helpful. However, you must remember that this decision will be looking at how you are now, not how you were several years ago.

As your condition is unlikely to improve, you can use the previous decision as a benchmark - you were limited in x,y and z in 2013 so are unlikely to be better now.

However, DWP always believe that the condition will improve naturally, respond to treatment or that the claimant will 'adapt' to their limitations so you need to address this in your submission.

It might be worth looking at our ESA guide so that you understand the criteria against which you will be measured. things have changed a little since your last assessment.

ESA claims and appeals

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions and comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it makes things easier for us - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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