- Posts: 176
× Members
New Health Info Before Appeal Tribunal
- TCP
- Topic Author
- Offline
Less More
13 years 1 month ago #77074 by TCP
New Health Info Before Appeal Tribunal was created by TCP
Hi
I'm appealing to get placed into the Support Group, instead of WRAG, and I am aware from the site information that the appeal has to be based on the particular time that you fill in the ESA50 form (no medical). I have several health issues and I am now being referred to specialists in areas not previously explored, such as cardiology. I am therefore interested if any of this new information/diagnoses can be mentioned at the tribunal, as I think logically it is still based on my health and dis/ability to do work related tasks and leading to work and off benefits? If not then if the appeal fails, I am left in WRAG or pushed onto JS. Does this ruling have to be applied rigidly, as myself and many others are getting more unwell with the stress of appeals and also having progressive/serious illness? Surely my current state of health should be taken into account and as it is worsening, plus the knowledge I have to wait 12 months for the hearing?
TC
I'm appealing to get placed into the Support Group, instead of WRAG, and I am aware from the site information that the appeal has to be based on the particular time that you fill in the ESA50 form (no medical). I have several health issues and I am now being referred to specialists in areas not previously explored, such as cardiology. I am therefore interested if any of this new information/diagnoses can be mentioned at the tribunal, as I think logically it is still based on my health and dis/ability to do work related tasks and leading to work and off benefits? If not then if the appeal fails, I am left in WRAG or pushed onto JS. Does this ruling have to be applied rigidly, as myself and many others are getting more unwell with the stress of appeals and also having progressive/serious illness? Surely my current state of health should be taken into account and as it is worsening, plus the knowledge I have to wait 12 months for the hearing?
TC
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
13 years 1 month ago #77075 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:New Health Info Before Appeal Tribunal
TC
The Tribunal remakes the Decision, so legally they can only consider evidence that could have been available at the time that the Decision was made.
This does not mean that that the conditions you reference had to be diagnosed at the time of the Decision, but you must have been suffering their effects, any evidence you submit regarding this, must make this clear or it runs the risk of being excluded as not relevant.
If the conditions were not affecting at the time of the Decision then you can request a Supersession due to a new, or deteriorated condition. This is effectively a re-assessment of your condition, so you should expect a new ESA50 and possibly a medical.
You also need to be aware that as you are the party initiating the review, the burden of proof lies with you, not just that you meet the Support Group criteria, but ESA in general, so there is a risk.
Whilst it may seem perverse to not take your current condition into account, as I said above, the Tribunal remakes the original Decision, taking into account your current condition would actually give the DWP reason to appeal any revision.
Gordon
The Tribunal remakes the Decision, so legally they can only consider evidence that could have been available at the time that the Decision was made.
This does not mean that that the conditions you reference had to be diagnosed at the time of the Decision, but you must have been suffering their effects, any evidence you submit regarding this, must make this clear or it runs the risk of being excluded as not relevant.
If the conditions were not affecting at the time of the Decision then you can request a Supersession due to a new, or deteriorated condition. This is effectively a re-assessment of your condition, so you should expect a new ESA50 and possibly a medical.
You also need to be aware that as you are the party initiating the review, the burden of proof lies with you, not just that you meet the Support Group criteria, but ESA in general, so there is a risk.
Whilst it may seem perverse to not take your current condition into account, as I said above, the Tribunal remakes the original Decision, taking into account your current condition would actually give the DWP reason to appeal any revision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- TCP
- Topic Author
- Offline
Less More
- Posts: 176
13 years 1 month ago #77077 by TCP
Replied by TCP on topic Re:New Health Info Before Appeal Tribunal
Thanks Gordon
I shall take this on-board. There's a lot to take in and it's very tricky, isn't it?
I already had the symptoms at the time of the original decision and it was mentioned in my appeal that I had worsened since. Nothing I wrote down has been taken into consideration. Now I am getting somewhere with the medical profession, I hope to have more concrete evidence for the cardiovascular problems. I just wish I had done something sooner, but then I never thought any of us would be experiencing the current problems.
Many thanks
TCP
I shall take this on-board. There's a lot to take in and it's very tricky, isn't it?
I already had the symptoms at the time of the original decision and it was mentioned in my appeal that I had worsened since. Nothing I wrote down has been taken into consideration. Now I am getting somewhere with the medical profession, I hope to have more concrete evidence for the cardiovascular problems. I just wish I had done something sooner, but then I never thought any of us would be experiencing the current problems.
Many thanks
TCP
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David