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ESA to JSA

Gordon
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11 years 11 months ago #86527 by Gordon

Replied by Gordon on topic Re:ESA to JSA

stevec wrote:

Thankyou for your help.

I have another question if you don't mind. Should the emphasis of any challenges to the Atos report given at a tribunal relate to the information provided at the time when the Atos report (findings) were compiled, or should they take into consideration any current differences?

The appeal panel can only review evidence that is relevant to the time of the Decision that you are appealing, so they cannot consider you daughters condition as it is now.

Also, whilst re-butting the medical report is important, remember your daughter will only win her case by showing that she meets the ESA criteria, so don't ignore this aspect of her case.

Gordon

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

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stevec
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11 years 11 months ago - 11 years 11 months ago #86528 by stevec

Replied by stevec on topic Re:ESA to JSA

I thought that might be the case. It was the beginning of October 2011 when she received the negative reconsideration decision and there has thankfully been a slight improvement in her condition, but not enough we believe, should she go for reassessment, that she could come off ESA. So we are going to have to put ourselves back in the time; should be interesting!

Many thanks once again.

Last edit: 11 years 11 months ago by Gordon.

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