ESA Tribunal Request for Medical Records

My healthcare re-assessment was held in September last year - and I was awarded zero points. Prior to that I had been on ESA (WRAG) since early 2013 (following a tribunal).

My request for a mandatory reconsideration upheld the zero points decision and therefore I went on to request an appeal.

In preparing for the tribunal, my welfare rights representative selected four descriptors as relevant to my health conditions - and these were highlighted in his submission. Three of those descriptors had been accepted as relevant to my previous claim for ESA which was awarded at a tribunal in 2013 (I was given18 points for the 3 descriptors).

My GP also provided two letters of support re my appeal. My welfare rights representative described them as 'very detailed', 'excellent', and 'very supportive of my case'.

At the tribunal the judge specified, very clearly, that the case would be decided on my state of health at the time of the assessment in September 2016. My doctor's letters related precisely to this - and also gave information on my condition prior to this.

However, the judge then changed tack and focused on the number of points awarded at my healthcare assessment in 2012 and in 2016. Both were zero points. She also chided my representative for not including the 2013 tribunal papers in his bundle. On the basis of these two reasons, she decided to adjourn the hearing and to request access to my full medical records from 2012 until the present date. She said that this was necessary in order to ascertain if my condition had become worse.

I find this situation bizarre. I was given very little opportunity to speak - it was a fait accompli. I was also disappointed that my representative didn't query this.

I did mention that there are things in my medical file that are not relevant to my ESA claim, and that I would be uncomfortable if they were accessed. The doctor on the panel said that I could go over the records with my GP and ask for anything irrelevant to be redacted. They ended the hearing very hurriedly - I was told that it was getting very late (we were only in the hearing about 8 minutes in total) and my representative could answer any questions.

In the waiting room I was given a paper to sign - allowing access to my medical records. I was under the impression that I couldn't refuse. I signed it.

Is this normal? Are the panel members within their rights to request medical records when they have two informative GP letters - and when the decision is supposed to relate to September 2016, not a 4-year plus period prior to this?

My representative also left fairly hurriedly but called me the following day. He stressed that the two people on my appeal panel were definitely the worst/most difficult he had ever come across. He said he thought everything would be fine at the next appeal hearing and that I would be awarded ESA. He agreed that they should have been focused on my health reports for September 2016 but that he hadn't wanted to challenge them as they might just have decided against me and I'd have lost the appeal.

I feel quite dizzy and sick with all of this. It doesn't seem just and fair. The next tribunal will probably take place in late April. If I am not awarded ESA based on some 'blip' in my medical records - prior to September 2016 (though God knows what that might be) can I take my case further? Can I also, at this stage, withdraw my consent to have my medical records accessed? Would this be prejudicial to my case?

I would appreciate any advice or clarity that you might be able to share.

Thanks for the response. Yes, I think you are correct that my rep did annoy the panel by not including the previous appeal info. I just don't understand why that means they medical need records going back to 2012. Can't get any further clarity from my rep. Don't want to push it and spoilt the 'relationship'.

If you are unable to advise further - that's okay. But I simply don't understand why they need info from so long ago for a decision supposedly based on Sept 2016.

Jo