ESA Appeal

Alan11 wrote:

Hi,
Iam new to this site, I have a tribunal this friday for my esa for my back pain.
last year in tribunal award me15 point after 6 month they send me new form for ATOS assessment and I got 0 point so I appealed against DWP.
3 weeks ago they found I have heart problem and under investigation in hospital, shall I mention my new health condition as well
any one can adivce what to do
regards

I am afraid the Tribunal panel can only consider your condition as it was at the time of the original Decision, to take account of your heart problems would be an Error of Law and would likely result in the DWP challenging the Tribunal's Decision were they to do so.

Whilst a new condition does not necessarily imply that you would meet the requirements of the WRAG or Support Group, were you to fail at your appeal, it would entitle you to make a new claim for ESA, but that is getting ahead of ourselves

If you have not done so already I would suggest you have a look at our Appeal FAQs

www.benefitsandwork.co.uk/appeals-faq

and the following fact sheet

Disability Rights UK Factsheet - Appeals and reconsiderations

I would also suggest, if you have time that you also go back through our ESA Claim guides to refresh your memory regarding the underlying tests.

Best of luck

Gordon