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Change of circumstances?

  • Jox
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13 years 1 month ago #48017 by Jox
Change of circumstances? was created by Jox
I already have an DLA appeal pending and i would like to fill in a new form with Change of circumstances as my conditon and needs have changed again, i would also like to add my mental health problems which have come into full light from all the strees my appeal has put on me.

My last claim was refused based on an old esa medicle from 2 years ago, i wasnt happy with that medicle i felt they tried to pull words from my mouth and try and get me to say things they wanted to hear. however i have had another further esa medicle since that horrible 1st one and i made sure that time around i stood my ground on everything.

My question is would they still be able to use old 2 year old esa medicle over one i have had this year?

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13 years 1 month ago #48044 by Steve Donnison
Replied by Steve Donnison on topic Re:Change of circumstances?
Hi Jox,

The simple answer is that a tribunal would be very unlikely indeed to place any weight on the old medical even if it were submitted.

Good luck,

Steve

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

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  • Jox
  • Topic Author
13 years 1 month ago #48068 by Jox
Replied by Jox on topic Re:Change of circumstances?
Thanks steve.

I have read the pdf in the members section regarding change of circumstances which says you need to wright a letter to the dwp.

What exactly should you include in thie letter?.

I am in more pain than i was in 6 months ago, on my current claim i told them i was unable to walk any distance at all without any pain, which would be the same thing i would tell them again in the change of circumstances, only i am in more pain now.

Despite telling them the above i was only awarded low rate care only,and their reason for this was that in an ESA medical 2 years ago, i told them occasionaly i was able to walk 100 meters to the buss stop, i was not able to walk this distance without pain but that was not mentiond on the report and the dwp used this to deniy me high rate mobility.

I am hopeing that if i now go for a change of circumstances, although im saying i still cant walk any distance at all without sever pain, they will not be able to use that 2 year old esa medicle to deniy me as i have since had a further recent esa medicle only a few weeks back and this time around i made sure i made it clear i could not walk any distance without pain.

i will also submit further evidence from my gp and consultant, but as long as they cant use that old esa medicle again i think i stand a good chance.

But yea what exactly should i put in the letter? most of my needs and difficulties are the same its only really that i am in more pain and have mental health problems, but the biggest diffrence is that i have better supporting evidence at this time, unfortunaly i cant use evidence from this current time to fight my old appeal.

im begging to sound like a broken record now i hope that makes sense and sorry for the long posts and all the questions.

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