ESA Tribunal - condition worsened since medical

Hi

I had a medical for ESA early this year and scored 0 points. My tribunal is coming up soon and I am really nervous about what to expect.

Anyhow...

Over the last few months my health has deteriorated considerably. I would like to know if I can talk about this at the tribunal and if the panel can take it into account. Is it worth trying to get more evidence about it or can it only be based on how I was at the time of the medical?

I hope this isn't a 'stupid' question. I was hesitant to post and would have asked welfare rights, but they're so busy that it will take them at least a week to get back to me.

Thanks very much - really hope you can help.

Hi psammead124

Your question is fine to post as it is a general appeal related question.

I'm afraid a tribunal will not be able to take it into consideration, only your health at the time of the DWP decision (not the medical) will be considered. Obviously if you have a varying condition you can talk about problems before that date, when they last occurred and how frequently they occur.

If you are asked at the tribunal if your health as deteriorated since the decision, like I was, there is no harm in saying so. But make it clear that you already understand that it is not relevant to the hearing. If you have the same judge that I had, he will assume the opposite and patronizingly tell you not to talk about it.

Best of luck with your hearing.

Derek