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TOPIC: If health deteriorates before appeal?

If health deteriorates before appeal? 6 years 3 weeks ago #74231

Hi

What happens as my health is deteriorating over the past few months. I was placed in WRAG in October and after a months wait I heard that I have to go to appeal? My nerves are getting more and more painful as the stress/anxiety builds up. My hands are getting very bad and as the palms get more purple-red, that is the only visible sign that I have nerve damage, (apart from my feet getting the same colour and lumpy).

I have to go to CAB visits in a nearby town and that will cost £56 each time I go by taxi. I know it won't be long before I will be incapacitated all together. What can I do then? Who do I notify?

TCP

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Re:If health deteriorates before appeal? 6 years 3 weeks ago #74239

As your health has deteriorated since the last decision on your ESA entitlement, you can ask for a supersession of the current ESA award.

The DWP use the word "significantly" deteriorated but this can be a subjective decision therefore a matter of opinion, so the likelihood is that you will have to undergo the WCA again while you are waiting for your appeal. In order to support the fact that there has been a deterioration in your medical condition, you will need to provide further medical evidence from your GP. Any such evidence should make it clear that there has been a significant worsening of your health.

As you will already no doubt be aware the request for a supersession of your subsisting award carries a risk that it could be removed altogether.

See Is there any risk to challenging a decision?

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

Re:If health deteriorates before appeal? 6 years 3 weeks ago #74247

Thanks for your reply, Crazydiamond. My condition can fluctuate to a degree but any worsening on the nerve inflammation tends to progressive/permanent. I have to be careful as any stress makes me very unwell. My GP has no idea about the true nature of my health conditions despite numerous visits to her surgery over the years. Pain is subjective unfortunately and invisible illnesses are dismissed or treated with disbelief. I didn't have any medical assessment by Atos etc, but moved from Income Support with Incapacity top-up without medical. I filled out the limited work capability form and then sent in, giving very detailed information about my conditions. Someone read through my form yesterday and couldn't believe that I was put in WRAG, especially because of my re-iterating the problems I face daily.

The pain is the main issue but the nerve damage has affected my heart and I now have tachycardia/arrhythmia, liver problems and bowel and bladder malfunctioning. My BP is all over the place because the nerves control the flow of blood and the heart rhythm. No way can I work, as I have to hold onto someone when I walk, I cannot stand or sit for long etc....so complex. Autonmic neuropathy is potentially very serious especially because of the higher risk of nerve damage progression and sudden death from cardiac arrest.



TCP

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