Does previously winning an appeal have any postive

...... effect on future ESA result/outcome?

I'm new on this board and very glad that a site like this exists.

I'm posting this on behalf of my mother as she isn't very computer literate.

We're just wondering if decision makers would taken into account whether someone whwho has previously won their appeal especially if it is evident that condition has not improved?


We would really appreciate any responses regarding this matter.

Many Thanks

Blackout wrote:

...... effect on future ESA result/outcome?

I'm new on this board and very glad that a site like this exists.

I'm posting this on behalf of my mother as she isn't very computer literate.

We're just wondering if decision makers would taken into account whether someone whwho has previously won their appeal especially if it is evident that condition has not improved?


We would really appreciate any responses regarding this matter.

Many Thanks

Hi,

It is doubtful to be honest.

When your mother's ESA claim is reviewed the 'new' decision will be based on your mothers newest claim form, recent medical information, possibly a medical etc.

There is nothing to stop the information being included on the claim form but each case will be viewed on the evidence presented and the decision is usually based on the current information presented.

Pete

Thank you for your response. You commented about the decision being based on recent medical information. What happens if someone has an ongoing condition and the bulk of their medical evidence is dated prior to previous IB/ESA claims.

My mother's condition is a result of medical mishap. She went in for a hysterectomy and the surgeons perforated her bowel. Surgeons noticed their mistake a few days later but by this time she was seriously ill with septicaemia and needed a emergency colostomy op. She was ICU/HDU and spent a further two months in Hospital. Her colostomy operation left her in agony and feeling suicidal. We all hoped that once the colostomy was reversed, the nightmare would be over but unfortunately that wasn't the case. Since reversal she is always in agony and discomfort, her abdominal pain are constant and she is plagued with bowel obstructions.

The thing is since she won her appeal, the amount medical intervention and letters has reduced. Her doctors are finding very hard to pinpoint the source of her pain so they referred her to the top bowel consultant in the hospital. Unfortunately he is super busy and she only gets to see him once every 6 months hence the lack of medical letters.

In cases like these is a lack of recent medical information an issue? or do you think DM will properly look at and consider past medical information to build a valid picture of her condition?

Hi Blackout

Out of date evidence that you consider relevant because the condition is unchanged is better than nothing and can be included in a claim/appeal. It won't carry as much weight as up-to-date evidence but what is written on an ESA50 is still evidence that has to be taken into consideration by the decision maker.

It would help if your mother sees her GP prior to any assessment so that the GP is kept up-to-date on her condition. You can also ask the GP to provide a supporting letter. I am aware that many GPs are unwilling to do this, but you also have the option of obtaining the computerised GP notes.

Good luck

Derek