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Surgical op when waiting for appeal

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11 years 6 months ago #92944 by Pipp
I am appealing WRAG as I believe I qualify for support group due to disability. I included on ESA application that in addition to disabling conditions I have to have 2 separate abdominal operations. I now have date for the first operation in 3 weeks time. Should I request a separate assessment for support group during the time I am recovering from the operations? I have been told by the consultant ( who refused to get involved with providing evidence to support my appeal) that I could take two or three months to recover from first op, then up to six months to recover from the second op. I already would struggle to take part in WRAG activities, so cannot envisage being able to do so following extensive invasive surgery.

So confused, and extremely anxious and exhausted by it all. Appreciate any further advice.

PC

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11 years 6 months ago #92946 by slugsta
Replied by slugsta on topic Re:Surgical op when waiting for appeal
The appeal that you have submitted will look at the situation as it was when the WRAG decision was made, the tribunal cannot consider anything that has happened since.

You can ask for a 'supersession' if your condition has worstened but you must be aware that your whole claim would be looked at again and the result of this would time-limit the result of your appeal.

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

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11 years 6 months ago #92948 by Pipp
Replied by Pipp on topic Re:Surgical op when waiting for appeal
Sorry, but I am so confused. Do you mean that as I told them in my ESA application about the impending surgery, though did not know when it would be, then it doesn't make any difference that I now know the date, and have more info on how the surgery will affect me?

I don't have all the information about what evidence they used, but surely I am not expected to be preparing for work if I am in hospital, and recovering from major surgery?

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11 years 6 months ago #92949 by slugsta
Replied by slugsta on topic Re:Surgical op when waiting for appeal
As I understand it (and I am sure one of the more experienced mods will correct me if I am wrong), the potential affects of your surgery cannot be taken into account until such time as you have actually had the surgery.

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11 years 6 months ago #92951 by Pipp
Replied by Pipp on topic Re:Surgical op when waiting for appeal
Which brings me full circle. When I have had the surgery, assuming I will be physically able, should I ask for a new assessment due to change in circumstances?

Thanks, and sorry I am so dim.

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11 years 6 months ago #92953 by slugsta
Replied by slugsta on topic Re:Surgical op when waiting for appeal
I draw your attention to the answer I have already given

Mrs Hurtyback wrote:


You can ask for a 'supersession' if your condition has worstened but you must be aware that your whole claim would be looked at again and the result of this would time-limit the result of your appeal.


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

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