ESA Tribunal on Friday

Hi, My tribunal was originally for September however, my broke down on the way to the tribunal. I asked for the casae to be adjourned. The judge thankfully did adjourn and asked that my medical records be provided from my GP along with any professional letters. They have sent me a copy and to be honest I am quite shocked at how vague the records are. My condition is depression and anxiety. I have been nothing short of a lab rat for different antidepressants over the past twelve months, I am currently being referred again for venaflaxine. Does the appeal judge give their ruling from the time the medical assessment took place or the current day? Does anyone know if medical records are normally vague? For example it says tearful, agrophobic. I am worried as I thought they would be a bit more in depth than they are. The professional letters sent are a lot more detailed. My appeal is on Friday and I am starting to panic. I also have to go on my own as I have lost contact with everyone due to my condition or they are at work and I have read that the tribunal will frown upon this but to be honest I would rather be on my own so I do not have to make idol chat.

From my experience (having worked in GP surgeries for 30 years), GP records vary considerably in depth from doctor to doctor. Some will write comprehensive notes each time, others are virtually monosyllabic.

The tribunal decision will date back to the time the original decision was made, they cannot take into accoun any changes that have happened in the meanwhile.

Julieshoes wrote:

Hi, My tribunal was originally for September however, my broke down on the way to the tribunal. I asked for the casae to be adjourned. The judge thankfully did adjourn and asked that my medical records be provided from my GP along with any professional letters. They have sent me a copy and to be honest I am quite shocked at how vague the records are. My condition is depression and anxiety. I have been nothing short of a lab rat for different antidepressants over the past twelve months, I am currently being referred again for venaflaxine. Does the appeal judge give their ruling from the time the medical assessment took place or the current day? Does anyone know if medical records are normally vague? For example it says tearful, agrophobic. I am worried as I thought they would be a bit more in depth than they are. The professional letters sent are a lot more detailed. My appeal is on Friday and I am starting to panic. I also have to go on my own as I have lost contact with everyone due to my condition or they are at work and I have read that the tribunal will frown upon this but to be honest I would rather be on my own so I do not have to make idol chat.

Hi Js,

An Appeals Tribunal considers whether you were entitled to the applicable group of ESA at the time of the adverse decision that you are appealing.

Therefore, if they do change the adverse decision, they are remaking the original decision, and the remade decision is backdated to the time of the original adverse decision.

Have a look at : Preparing for a Tribunal

&

MOJ Video of ESA Appeals Process and Tribunal

It should be a quite informal event, try not to worry too much.

Good luck and please let us know how you get on.

bro58

Thank you for responding so quickly however, the judge requested my medical records from January 2011 to date which was September 2012. My ATOS medical was in February 2012, so now I am really confused

Maybe they want to see, from your records, whether you have go better/worse since the decision was made? Then when they see you they will know whether that is how you were back in February.

This is purely hypothysis, one of the more experienced mods may well have other suggestions.

Mrs Hurtyback wrote:

Maybe they want to see, from your records, whether you have go better/worse since the decision was made? Then when they see you they will know whether that is how you were back in February.

This is purely hypothysis, one of the more experienced mods may well have other suggestions.

It could be to gain a more in-depth view of your long term medical history Js, as MHB suggests.

However, I can assure you that as is the case when the original adverse decision was made, the Tribunal will consider whether on the balance of probabilities you qualified for the appropiate award of ESA at that time, taking into account all available evidence.

bro58