new medical evidence

snowbaby wrote:

Hi all, I have just submitted a request for SOR and an appeal(placed in WRAG, no med) Meantime, I was contacted to go for a treadmill test and abnormalities have been found resulting in further tests. If these tests show I have to receive treatment eg stent/medication can i send this evidence in to ESA centre/Tribunal even tho this is a new ailment? Thank you all again, this site is the best!!

The Tribunal can only consider evidence that reasonably could have been available to the Decision Maker when they made their Decision.

So if this is a new condition, or one that has deteriorated since the assessment, then the panel will ignore it.

So for your evidence to be included you would need to show;

- That you were suffering from the condition at the time of the assessment, and
- that the condition had an impact on, or contributed to, your ability to meet the ESA descriptors at that time.

Further, your evidence, which I assume would be a medical report, must make the above clear, if it does not then the panel are entitled to class it as not being relevant to the time of the Decision.

I hope this explains it.

Gordon