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Should I mention I won an appeal in my esa 50

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4 years 11 months ago #234931 by krazykat
Hi. I asked a question a few days ago but it doesn't seem to have been answered.
Please advise me. I won my appeal at a tribunal 2 years ago and was placed back into the support group again after originally being awarded zero points. This was the first time I had ever had to appeal a dwp decision.
At my appeal I had all of my medical evidence from my then Pain Specialist who has since retired as well as my GP's letter.
As my musculoskeletal condition is degenerative, it should be evident for any one doing my present assessment, that I have, since my appeal, degenerated further. My new pain Specialist has said there is some degeneration due to the arthritis, which I also have, but as he has put me on different meds, doesn't need to see me unless there is a crisis.
My question is this: Should I say at the end of my esa 50 questionnaire, that I won an appeal 2 yrs ago in light of my medical evidence ( one of the tribunal members was a musculoskeletal specialist) and that consequently as my condition is degenerative, it is a physical impossibility for me to have improved in the 2yrs since ?
I could also not use a wheelchair as the arthritis in my neck and spine would make this a non starter, apart from the fact that the action of propelling my self would drastically increase the pain in my back and severely impact on my mobility.
Also readjusting my pain medication is also out of the question, as any increase in any activity during the day means I have to take extra medication which makes me sleepy as my meds are opiate based.
These points were raised at my appeal as my then Specialist had been horrified and annoyed at the these suggestions made by the dwp.
Should I mention this and that I won an appeal in my current esa 50 ?
Please reply as I only have until the 17th f August now, to get it sent in.
Thank you.

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4 years 11 months ago #234933 by BIS
Hi Foxy

I did answer your question 6 days ago. If you can't see your post click on your name (highlighted blue in the grey boxes) and it will take you to all previous posts.

www.benefitsandwork.co.uk/forum/10-dla-e...ain-and-face-to-face

As I said before - do include your previous successful appeal and judgment.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 10 months ago #235115 by krazykat
Replied by krazykat on topic Should I mention I won an appeal in my esa 50
Thank you Bis.
I did originally try clicking on my name to see if I could find a reply but for some reason it didn't work.
But I've read both of your replies now so thank you so much for your advice. I will definitely mention my tribunal win yrs ago.
My doctor has also said I should do so and is also preparing a letter to demonstrate the current situation of my condition.
I have your amazing guides as well, so I feel that I'm doing all I can.
Thank you once again.
Foxy
The following user(s) said Thank You: BIS

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