Surgical op when waiting for appeal

Thanks Gordon!

I've a similar situation in that I am awaiting a decision from my original application (sent in August) on migrating to ESA from IB. I put on the form that I have a bad hip and was waiting to see the surgeon on 24th September to discuss surgery (which has now happened and I am having a full hip replacement). I am not only claiming on this point as I have ME, but made a note that this surgery would impact on my ME condition.

Since the appointment with my surgeon, I wrote a letter to ATOS and the decision maker to update them of the surgery and months of recovery. I'm beginning to wonder if there was any point to that now if they don't take this into consideration. Or will this make a difference to my current claim (but of course I have no idea at what stage it is at as I haven't been called to a "medical" or heard back yet!)?

Just to reiterate the information that the other moderators have provided. Tribunals hearing appeals for IB/ESA or for DLA can only look at medical evidence down to the date that the DWP Decision Maker (DM) made their decision.

Before the legislation changed, Tribunals could consider medical evidence down to the day of the appeal.

As Gordon and Mrs HB have advised, if you can show that the effects of your operation in respect of ESA have made your condition worse, you can apply for a supersession of the DM's
decision.

If this had have been an appeal for DLA, then after your operation you could have made a new claim for DLA, and the appeal and new claim would have run concurrently.

I really appreciate the time spent on my query, and I am grateful to you all. I am afraid in my confusion that I have also confused others.
To clarify, my appeal is from WRAG to support group due to being unable to repeatedly mobilise 50m. Although my condition requiring surgery was included in the ESA application, it does not meet any of the descriptors, and I have not appealed this as reason to be in support group.

Now I know that after surgery I will definitely not be able to mobilise even a few feet without pain, for several months, I was querying if this should be reported. I was not expecting it to be included in the original appeal, but couldn't find any information about what I should do.

My understanding from the replies I have received is that by alerting DWP to my changed condition I could be jeopardising my original appeal have I got that bit right?

I didn't understand the response '
'You can ask for a supersessionif your condition has worstenedbut you must be aware that your whole claim can be looked at again and the result of this would time-limit the result of your appeal'
The first time, so the repetition of the response has not helped.

Thanks

PC wrote:

I really appreciate the time spent on my query, and I am grateful to you all. I am afraid in my confusion that I have also confused others.
To clarify, my appeal is from WRAG to support group due to being unable to repeatedly mobilise 50m. Although my condition requiring surgery was included in the ESA application, it does not meet any of the descriptors, and I have not appealed this as reason to be in support group.

Now I know that after surgery I will definitely not be able to mobilise even a few feet without pain, for several months, I was querying if this should be reported. I was not expecting it to be included in the original appeal, but couldn't find any information about what I should do.

My understanding from the replies I have received is that by alerting DWP to my changed condition I could be jeopardising my original appeal have I got that bit right?

I didn't understand the response '
'You can ask for a supersessionif your condition has worstenedbut you must be aware that your whole claim can be looked at again and the result of this would time-limit the result of your appeal'
The first time, so the repetition of the response has not helped.

Thanks

Hi PC,

I will try and clarify for you.

If you just carry on with your appeal, if you are successful, and get placed into the SG by the Tribunal, this SG award will be backdated to the time of the original WRAG award that you are appealing, and will be current until such time that you are again re-assessed.

If you inform the DWP of a change in circumstances, and they decide to have a look(Supersede) at your WRAG award again before your Tribunal decision, and they again put you in the WRAG, if the Tribunal, when they hear your appeal, (Which will still be "Live")then put you into the SG, this award will only be from the date of your original WRAG award that you are appealing, until the date of the Supersession decision, which may have been triggered by your reported change in circumstances.

I hope that explains it for you ?

bro58