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- nicky h
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 			 	 						14 years 8 months ago				#49006 		by nicky h 	  	 		 			 	    			 			 		 													
 	 				help please was created by nicky h			
  			 				im in the process of an appeall at the mo i recieved 6 points in my medical for esa. not sure if i will qualifiy for any more points. however more problems have come to light that i didnt put down on the orginal form. do i have to let the dwp know? thanxs			
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- Gordon
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 		 			 	 						14 years 8 months ago				#49014 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:help please			
  			 				nicky h
 
The primary question is, were you suffering from these "more problems" at the time of the Decision?
 
If yes, then you can use evidence related to these as part of your appeal. However, if these are a new problems, then your Tribunal cannot take them into account when reviewing your case.
 
If your condition has deteriorated, and you have evidence to support this, then you can make a new claim for ESA for this reason, which can run in parallel with your appeal.
 
Hope this explains it.
 
Gordon
  							The primary question is, were you suffering from these "more problems" at the time of the Decision?
If yes, then you can use evidence related to these as part of your appeal. However, if these are a new problems, then your Tribunal cannot take them into account when reviewing your case.
If your condition has deteriorated, and you have evidence to support this, then you can make a new claim for ESA for this reason, which can run in parallel with your appeal.
Hope this explains it.
Gordon
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- nicky h
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 			 	 						14 years 8 months ago				#49133 		by nicky h 	  	 		 			 	    			 			 		 													
 	 				Replied by nicky h on topic Re:help please			
  			 				thank you thats helpfull. no they wasnt aware of new problems but they are as a result of the medication (im experiencing bad stomache problems) have been refered 2 hospital 4 this. would i be able 2 use this in the appeall? pls thanxs			
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- Gordon
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 			 	 						14 years 8 months ago				#49136 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:help please			
  			 				nicky
 
The Decision Maker does not need to have been aware of these new problems, but you do need to have been suffering from them at the time that the Decision you are appealing was made.
 
If these problems manifested themselves after the Decision was made, then they will not be accepted as evidence by the Tribunal as they can only review evidence related to your condition at the time of the Decision.
 
Gordon
  							The Decision Maker does not need to have been aware of these new problems, but you do need to have been suffering from them at the time that the Decision you are appealing was made.
If these problems manifested themselves after the Decision was made, then they will not be accepted as evidence by the Tribunal as they can only review evidence related to your condition at the time of the Decision.
Gordon
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- nicky h
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 			 	 						14 years 8 months ago				#49138 		by nicky h 	  	 		 			 	    			 			 		 													
 	 				Replied by nicky h on topic Re:help please			
  			 				thankyou. sorry if i sound a bit thick?? i did have the problems before my medical but i didnt disclose them as i thought it would go away but it hasnt. would this count  in my appeall? or is it separate? if its seperate i might have 2 withdraw the appeall. thanxs again			
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 			 	 						14 years 8 months ago				#49139 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:help please			
  			 				Yes, as long as you had the problem before the original Decision was made, and have evidence to support that, then it can be included as evidence in your appeal.
 
Gordon
  							Gordon
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