Esa in appeal but have new condition

Karlo wrote:

Gordon

Sorry to hijack the thread but if a condition was a direct result of a condition already made known to the DWP and ATOS would it be allowed as new evidence in an appeal?

For example PTSD first made known in say an ESA50 then after the decision a diagnosis of depression and anxiety was made as a direct result of the PTSD?

Hi k,

You would have to prove catergorically that you were suffering with the depression and anxiety at the time of the adverse decision.

The DWP could correctly state that the DM made the adverse decision on the information that was available to him at the time of adverse decision, which in the scenario that you pose would only have been PTSD.

Please remember also, that it would not have been the medical conditions in themselves that gave you the WRAG award, it would be the resulting limitations, and which of the descriptors your limitations fulfilled. (WRAG or SG)

bro58