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12 years 6 days ago - 12 years 6 days ago #83686 by sally-jane
Appeal was created by sally-jane
When one appeals can one re write the form out all over again, providing all new and existing reports etc.
My form I sent of the first time was not really fully written out and I added a few pages which were typed out with lists of meds taken, list of medical/ physical problems along with list of mental illness etc. I did not write specifically what each did or meds for each. Just a list under different headings and nothing in the form. My fault I know.
I presumed a doctor would at least know what the meds were, what for and how drowsy, confused they would make you along with the physical and mental problems listed under medical jargon and not laymens english. This I now understand was my downfall as a nurse did my form the first time around, who obviously had little if at all any medical knowledge. OOPS how sarcastic of me.
So would it be really wrong of me to redo the form.
Last edit: 12 years 6 days ago by slugsta.

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  • Survivor
12 years 6 days ago #83706 by Survivor
Replied by Survivor on topic Re: Appeal
You can submit further evidence provided that it relates to the time when your claim was made and I can think of no reason why you should not use an ESA50 if you feel that it would be easiest to express yourself on that.

However, do consider presenting your evidence differently as the ESA50 has limited space for information.

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12 years 5 days ago - 12 years 5 days ago #83769 by sally-jane
Replied by sally-jane on topic Re: Appeal
I intend to add lots of letters from consultants following reviews of MRI Scans, MP letter,CPN report, The OT/Physio report that states I am unable to walk even 50 mtrs and ltd ability to mobilise from chair to chair but able to get up from an electric rise and recline to a walker only and that this is what I sleep on downstairs as unable to get up the stairs at all. However my GP has now decided I have a new arthritic condition which is being assessed by a specialist over and above my osteoarthrosis, will this latter synopsis mean that I should start from scratch all over again or will this be ok added to thepile of info for my appeal.
My CAB helper is away again and has ltd time as only doing 1 day a week or so.
Last edit: 12 years 5 days ago by slugsta.

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12 years 5 days ago #83778 by Gordon
Replied by Gordon on topic Re:Appeal
PCM

The key issue with regard to this "new arthritic condition" is whether you were suffering from it at the time of the original Decision and can you provide evidence that shows this was the case.

If the condition arose after the Decision was made, or you cannot show that you were suffering from its affects at that time, then it will not be considered by the Tribunal as they can only consider your condition as it was at the time of that original Decision.

Gordon

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

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12 years 5 days ago #83780 by slugsta
Replied by slugsta on topic Re:Appeal
If the scenario Gordon outlined is the case, you could ask for a 'supersession' on the grounds that your condition had worstened. However, this is basically a re-assessment and the result of this could limit the result of any appeal (as the result of the appeal would only apply until the date of the supersession).

At least, that is how I understand it...

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

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12 years 5 days ago - 12 years 5 days ago #83781 by sally-jane
Replied by sally-jane on topic Re:Appeal
Thanks for the reply.
I know I have been suffering from these conditions for some time, but was under the impression that it was all part of the problem. My GP decided after once again showing him the swellings and bent up hands etc that he decided to follow it up. Hence his now comment. Unless he decides to mention I have shown him this condition over the last year or so, but he ignored it til now, what does one do. Say its an old condition or a new one howing itself to the GP!!
Last edit: 12 years 5 days ago by Gordon.

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