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TOPIC: question about ESA help please

question about ESA help please 6 years 11 months ago #14248

  • fabme1
I had my appeal on 21st dec and it was adjourned because my medical report said there was nothing wrong with me, but shortly after that report i applied for dla with help from welfare rights and i was awarded higher rate mobility and lower rate care. Short of calling me a lier and a fraudulent claiment they said this was a big hole in the evidence and which was right. I tried to explain there was 3 months from filling in my medical report to actually having a medical a lot could happen and the doctor wouldn't listen about other problems as they wern't 'diagnosed'. they looked shocked when i said no to 'did i get from appeal' and 'did you see a doctor'. he then asked if it was ok to get my medical record from my gp for the last 3 yrs and had i seen him in that time to which i said yes regulary sometimes 3-4 times a month and i went last week and was given oromporph again he looked shocked. (forgot to mention i have bronchiectasis for which i was origonally applying for but know also have fibromyalgia and chronic fatigue syndrome) I was also in my wheelchair which again they were shocked about. as we were getting 'up' to go out he said get whatever evidence i can to throw at this appeal.
My confusion is my welfare rights officer said it was on the day only for the medical and they were saying we'll look at anythink. Thankfully my medical records should back me up. What on earth am i to think and do about this any help would be appreciated, by my next appeal date at the end of feb, i will have been on esa assesment level for 13months.
sorry to be so long and thanks for reading it.
fab
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Re:question about ESA help please 6 years 11 months ago #14252

Hi,

I'm not sure quite what you're asking here.

But if what you are asking is, can the tribunal only look at the medical evidence relating to the date of claim or can they look at other medical evidence, then the answer is that the tribunal had the power to look at any medical evidence they wish.

The decision is based on your condition at the date of the decision, but the tribunal might want to look at how your condition has developed over time. However, in the end all they can do is decide whether, on the date the decision was made,did you meet the criteria for an award of benefits to be made.

Is this what you were asking about?

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:question about ESA help please 6 years 11 months ago #14262

  • fabme1
hi
sorry i wasn't very clear, i'm till pretty confused myself:blink: . so far my understanding is on the one hand i have a doctor stating nothing is wrong with me, and on the other i hava dla claim got straight away higher rate mobility etc, I think the appeals board seem to want to decide who is wrong me lying on claim or the doctor's report.
my confusion came when the chair's parting shot was 'get whatever you can and throw the kitchen sink at this'. if i had known they wanted evidence form physio's, getting my sticks and wheelchair i could have done this, but my welfare rights officor told me this wasn't relevent as i wasn't using them etc on the day of the medical.
thanks
fab
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