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From 0 points to 21 after Tribunal.

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13 years 3 weeks ago #72838 by Jane
Hi all :)
Well first of all i won my appeal for ESA but also a bit confused. I was awarded 21 points in the schedule 2 which i presume is the wrag part. Nothing for schedule 3. Even though my conditions have worsened since June 1st when i had my medical the judge said they have to go on what i was like then and not how i am now!!
I have Arthritis in a lot of my joints including my lower spine. I am now going for a MRI scan this month as my doctor thinks i might have something else as well as Arthritis due to the pain and numbness and spasms i suffer in my hands and feet. The scan is to rule out nothing nasty on my spine and MS. The doctor thinks i may have Fibromylagia.
Do i have to appeal again to go into the support group if this is the case or when i find out whats going on and provide medical evidence will they put me into the right group as numbness is only part of what have changed since 1st June.
Regards Jane

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13 years 3 weeks ago #72841 by Gordon
Replied by Gordon on topic Re:From 0 points to 21 after Tribunal.
Jane

The Appeal panel are constrained by law from taking into any evidence that was not, or could not have been available at the time of the original Decision was made.

As such they cannot take into account a deterioration of your condition which "worsened since June 1st when i had my medical".

You can ask the DWP to review your case due to this deterioration, but you should make sure that you meet one or more of the Support Group criteria, and have evidence to support this claim, before asking for a Supersession.

Any request of this type, entitles the DWP to review all aspects of your claim, and whilst it is unusual, this can result in a loss of your exiting claim.

If possible you should seek advise from your local CAB or Welafre Rights office.

Do you know whether you were assessed using the old or new ESA descriptors, these changed as the end of April?

Gordon

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

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