ESA Tribunal on Friday

Ann, that is one reason that DWP give for not contacting your healthcare professionals.

BTW, did you see the other post where I asked whether you are using you real name on here (you might have replied, but I haven't seen it)?

Hi

When I filled form ESA50 in that was in October 2011 as this point I was not fully aware of the extent of my condition, my medical was in February 2012 and I was in a really bad way 'only awarded 6 points though' My medical records back this up. Sorry but I am really confused does that mean I am ok regardless of the time the ESA50 was filled in as at the time of my medical. Fortunately one of my doctors notes dated 15th February 1 day after medical reads: 'feels like running away, not coping and tearful, not sleeping, refer back to ****** swap to xxxxxxxxx basically an instruction to reduce current meds and start on a different lot

Julie, I am afraid that I am rather confused and not sure exectly what you were asking in yor last post

To re-iterate; the tribunal can only look at your situation as it was at the date the DWP made their decision. If you have got worse in the meantime and think you now meet Support Group criteria, you can ask for a 'supersession' which would, in effect, be the same as putting in a new application and would entail a new ESA50 and possibly another 'medical'.

Does that answer your question?

Hi

Sorry I know I am rambling, I have never had to do this before and am quite shocked out how complicated it all is. I am also struggling and stressed out

The decision by the DWP to disallow my ESA was on the 1st March 2012

What I was trying to ask and believe I now have my answer is that I filled in my form ESA50 on the 10th October 2011 this is when I was unaware how severely my depression and anxiety actually was and from this point I deteriorated rapidly.

On the 14th February 2012 I has my ATOS assessment and was awarded 6 points. Fortunately I think, I saw my doctor on the 15th February and on my medical notes she has written

Feels like running away, not coping and tearful, not sleeping, refer back to ***** ( the psychiatric people ) and swap meds *********

As stated earlier in my posts the tribunal requested my medical notes from Jan 11 to Sept 12 when my original appeal date was but was unable to attend as my clutch went on my car on the way to the tribunal (And yes this actually did happen)

J

Julieshoes wrote:

Hi

Sorry I know I am rambling, I have never had to do this before and am quite shocked out how complicated it all is. I am also struggling and stressed out

The decision by the DWP to disallow my ESA was on the 1st March 2012

What I was trying to ask and believe I now have my answer is that I filled in my form ESA50 on the 10th October 2011 this is when I was unaware how severely my depression and anxiety actually was and from this point I deteriorated rapidly.

On the 14th February 2012 I has my ATOS assessment and was awarded 6 points. Fortunately I think, I saw my doctor on the 15th February and on my medical notes she has written

Feels like running away, not coping and tearful, not sleeping, refer back to ***** ( the psychiatric people ) and swap meds *********

As stated earlier in my posts the tribunal requested my medical notes from Jan 11 to Sept 12 when my original appeal date was but was unable to attend as my clutch went on my car on the way to the tribunal (And yes this actually did happen)

J

Hi Js,

As you seem to have grasped, The Tribunal will look at whether you qualified for ESA, at the time that the adverse decision was made. From what you have written, this seems to be the 01/03/12.

At the time of making the decision the DWP DM would have looked at all the evidence in front of him, which would obviously have included the ATOS HCP's recommendations as a result of your assessement on 14/02/12, and any other evidenece that you may have provided.

Therefore, if there is evidence that your condition was worse than reported, at the time of the adverse decision, (01/03/12) The DWP DM could not obviously take it into account, if he did not have access to it.

Again, if it had been at the DM's disposal when you appealed, when the automatic reconsideration was done, it "could" of altered the decision.

To conclude, if you have evidence that points to the fact that you should have qualified for an award of ESA at the time of the adverse decision (01/03/12) then this evidence should be taken into account by The Tribunal.

bro58

bro58