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ESA Tribunal Hearing

  • Emmablue
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12 years 11 months ago #53154 by Emmablue
ESA Tribunal Hearing was created by Emmablue
Hi All,

Its been a while since I last posted, as I have been quite ill and had my 3rd operation almost 2 weeks ago. To refresh I am 26 yrs old, suffering from Endometriosis & severe depression.

I have finally had a date come through for my ESA Tribunal (7th April) and I am going to be attending the hearing. I have sent in 2 letters from my consultant and my GP to support the difficulties I am having. But I am so stressed right now, with trying to recover and this weighing heavy on my mind (I also have a employment tribunal looming) and I am just after some advice as to what else I can do to support my case.

Looking through all my paperwork and trying to prepare just puts me in tears, its so difficult :(

Things have also changed a bit since my medical as my consultant has told me if my latest operation doesn't work I will have to have a hysterectomy (which is also breaking my heart as I will not be able to have children) should this be mentioned at the appeal or will they take no notice as it is new evidence?

Thanks in advance,

Emma x

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12 years 11 months ago #53159 by Gordon
Replied by Gordon on topic Re:ESA Tribunal Hearing
Emma

The Tribunal can only consider evidence that pertains to the date of the original Decsion, so unless you can show that the cause of your potential hysterectomy, dates back to then, it will be excluded.

In terms of your evidence, go back over our ESA guides and make sure that you are happy that you have explained how your disabilities impact on your ability to complete the tests.

Ultimately the Tribunal will find in your favour because you can show that you score the 15 points or more that are needed.

Gordon

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

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12 years 11 months ago #53214 by mayflower
Replied by mayflower on topic Re:ESA Tribunal Hearing
Hi Emma
So sorry to hear about your health problems. If you're about to have a third operation for endometriosis & your consultant has told you if it doesn't work you will need to have a hysterectomy it almost certainly means the endometriosis pre dates your first application for ESA. I know from personal experience that it can be extremely painful & debilitating & eventualy had to have had a hysterectomy nearly 22 years ago. Given your age it may be worth doing some research to see if there is any alternative treatment being used elswhere that your consultant doesn't perhaps know about. At the least talk it over with your GP with a view to seeking a second opinion. If you haven't already looked at the endometriosis uk website www.endometriosis-uk.org/ please give it a try.
Best wishes
maggie

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