Have i sent the correct information ?

Hi Everyone,

It took me 3 whole day's ! but i managed to put together, all the info i could find, to send to the JCP.
I was placed in the WRAG on the day of my Tribunal Sept 2010, as i didnt score any points from ATOS, for having IBS, ANXIETY, DEPRESSION, 2 PROLAPSED DISC'S, TMJ ~ Jaw dysfunction. !!
I know it may be to late to appeal the Tribunal's decision, as my health started to worsenen from Nov 2010.I wasnt aware that i needed to inform them if my health got worse, i thought it was only if it improved.Anyway i have sent a letter and my partner has also written a supporting letter, as he know's how complex my health problems are, and how they affect me.I've also sent info on all of my health conditions and how they affect me, mentally and physically.Hospital letters and results from scans etc...


Mod Edit: As posted all in bold text - changed to normal text. Please only use bold for emphasis. It causes problem for members who due to disabilities use screen readers if whole post is all in bold text.

emma72 wrote:

Hi Everyone,

It took me 3 whole day's ! but i managed to put together, all the info i could find, to send to the JCP.
I was placed in the WRAG on the day of my Tribunal Sept 2010, as i didnt score any points from ATOS, for having IBS, ANXIETY, DEPRESSION, 2 PROLAPSED DISC'S, TMJ ~ Jaw dysfunction. !!
I know it may be to late to appeal the Tribunal's decision, as my health started to worsenen from Nov 2010.I wasnt aware that i needed to inform them if my health got worse, i thought it was only if it improved.Anyway i have sent a letter and my partner has also written a supporting letter, as he know's how complex my health problems are, and how they affect me.I've also sent info on all of my health conditions and how they affect me, mentally and physically.Hospital letters and results from scans etc...


Mod Edit: As posted all in bold text - changed to normal text. Please only use bold for emphasis. It causes problem for members who due to disabilities use screen readers if whole post is all in bold text.

Hi,

If your award was obtained via an appeal tribunal, one could only 'appeal' the result to the Upper Tier Tribunal if an error in law had occurred (and not if you only disagree with the outcome of the 1st Tier Tribunal hearing)). See What is an Error of Law?

When one makes a claim for benefit, one does sign the declaration which obliges the claimant to report any change of circumstances. This can encompass both a deterioration as well as improvement in ones condition if relevent to the benefit being claimed.

By asking for a review of your claim, based on a deterioration of condition, although unlikely, it is still possible for the DWP could revise you claim negatively (ie remove any award or revise it downwards),They could also keep it at the same level, or increase the award. You may as part of the process be asked to attend a Work Capability Assessment. Also, although you did not say when your original decision was made, if the Tribunal was held in September 2010, it would have been based on the older less stringent descriptors for ESA. Your current request for review will now be based on the newer stricter descriptors.

There are guides to ESA in the members area albeit no specific guide to asking for a review based on a deterioration. Basically it is more or less the same process as a periodic review by the DWP.

As to whether or not you have sent the correct information, we cannot tell you one way or the other without having sight of all documentation relating to a claim which we do not have. Hence we cannot answer specific questions about individual claims.


See: www.benefitsandwork.co.uk/faq/forum-faq#specific

Pete