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E.S.A. Tribunal - outcome

  • patmdoyle
13 years 5 months ago #36484 by patmdoyle
Replied by patmdoyle on topic Re:E.S.A. Tribunal - outcome
Thanks for the help.My doctor said he will give me medical evidence but only once I have lodged the appeal.I was only diagnosed with the herniated discs as a result of an MRI scan in October. When i went for the ATOS medical the nurse didn't even have a copy of the letter I had sent in nor was it on the computer as the staff in the Jobcentre said it would be.She didn't want to look at the scans either. Lots of the things she asked me were not relevant to either ME or back problems. That is what I am putting in the letter with the Appeal notification

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13 years 5 months ago #36488 by Gordon
Replied by Gordon on topic Re:E.S.A. Tribunal - outcome
patmdoyle

Was your back condition a part of your application for ESA, if it was not, you may not be able to include it in your appeal submission as the Tribunal is limited to looking at evidence that was available when the original decision was made.

On the otherhand, if it was not, then this would probably constitute a deteriation in your condition which would allow you re-apply for ESA on this basis.

These are matters you need to discuss with your representative.

Good luck

Gordon

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

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  • patmdoyle
13 years 5 months ago #36491 by patmdoyle
Replied by patmdoyle on topic Re:E.S.A. Tribunal - outcome
when I filled in the original ESA50 it was for ME/CFS and arthritis then my doctor sent me to a neurologist cos he suspected MS and the consultant did an MRI which showed the herniated discs. I wrote to the DWP 3 weeks before the medical to tell them and they said they had the letter and it woud be put on the computer

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  • patmdoyle
13 years 5 months ago #36495 by patmdoyle
Replied by patmdoyle on topic Re:E.S.A. Tribunal - outcome
is my representative the CAB

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13 years 5 months ago #36498 by Gordon
Replied by Gordon on topic Re:E.S.A. Tribunal - outcome
patmdoyle wrote:

is my representative the CAB


Yes, if that who is who you are seeking advice from.

Gordon

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

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  • Survivor
13 years 5 months ago - 13 years 5 months ago #36500 by Survivor
Replied by Survivor on topic Re:E.S.A. Tribunal - outcome
I suggest that you discuss page 29 of our guide to ESA with your adviser.
Last edit: 13 years 5 months ago by Survivor.

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