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Denied ESA - few questions

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6 years 8 months ago #195255 by Gordon
Replied by Gordon on topic Denied ESA - few questions

mt wrote: Its mid October.
Unfortunately I'm not sure what I scored points on previously to be found unable to work, although I will have a look through my paperwork and see if I can find anything that relates to the previous decision which upheld my claim. As yes, it is still the same health issues that prevent me from working.
With regards to medical evidence I'm not sure what I could provide as it's depression and anxiety that are my main health issues. Although I have had my medication changed several times since October last year, as it was clear that what I was on, was not working and I've also been referred to talking therapies. And my doctor has issued my fit notes since my ESA claim was denied, without issue.


Appeals are not always about supplying new evidence, it's about showing that you meet the criteria for an award and this is what you should concentrate on. Although you can mention changes in your conditions and treatment that have occurred after the Decision you are appealing, the Tribunal panel cannot take these into account when making their Decision, so you need to stick to explaining how you were and not how you are.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 8 months ago #195475 by bicstar
Replied by bicstar on topic Denied ESA - few questions
Fortunately, I guess, my medication was being changed before the medical. If I remember correctly the doctor wasn't happy with what I was on and started changing it October/November. I received my ESA50 form just before Christmas and had the medical in February.
Apart from the medication changes and the side effects of said medication, my condition had not changed since my previous medical.

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