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TOPIC: ESA - What's best to do?

ESA - What's best to do? 7 years 1 week ago #13031

  • Nicola
I currently have an ESA claim going to appeal (it is being looked at again by decision makers first), I scored 6 points initially for not being able to walk far (I didn't use a stick at the medical but can't walk without one now)

My muscle condition has deteriorated rapidly since the onset in May and the depression that I have suffered for over 20 years has also deteriorated recently (because of this stress) and am am seeing a counseller and had a change to a stronger antidepressant.

Since the medical I have had a change of diagnosis after having an EMG - initially thought it was Peripheral Neuropathy but now is definately some kind of muscle disease, possible Inclusion Body Myositis.

As this has taken place after the medical the tribunal probably won't take any new evidence into account.

I claimed ESA on contributions and on 1st Jan 2010 the tax year changes for DWP and I know I don't have enough contributions to make a new claim in 2010 if I lose the appeal.

Given that I am much worse both physically and mentally, have more evidence from GP, counsellors and consultant, am more aware of how to correctly fill in ESA50 (I did the first one in a rush whilst in hospital) and know what to expect at the medical should I pull the appeal and make a fresh claim while I can - taking the new one through to appeal if I fail it?

What to do?
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Re:ESA - What's best to do? 7 years 1 week ago #13038

Hi Nicola,

We definitely can't advise you on what to do, I'm afraid. But two things to bear in mind.

The tribunal can't take into account any changes in your condition since the date of the decision, but if you have now got a more accurate diagnosis about what your condition was at the time of the decision they can take that into account.

If a claimant's condition deteriorates whilst they are appealing an ESA decision they can ask the DWP to look at their award again because of a change of circumstances - technically a supersession. The original appeal would continue, but any decision by the tribunal would only run up to the date of the new, supersession, decision.

Good lcuk,

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