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ESA Tribunal on Friday
- Julieshoes
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- Julieshoes
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I wrote a post last night and the forum got locked as I posted it. I was trying to explain that the medical report states as follows:
The history and examination indicates that the client may return to work in the shorter term. The clients level of disability would be expected to improve with time and appropriate treatment. she should improve with appropriate medication and perhaps counselling.
I advise that a return to work could be considered within 3 months.
My medical was in February 2012 my 13 weeks was up at the end of December 2011. Does this not mean that I should not have been found fit for work at the time of the medical??? I am really confused
She listed my abnormalities as follows:
some difficulty coping at interview
spoke rapidly
mood was labile
Unable to complete five rounds of serial sevens
How an earth am I expected to work with all this, an employer would run a mile
any advice please
J
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- Gordon
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These phrases are in part produced by the LiMa software which tends to see things as being very black and white, rather than the nore normal grey

Whilst you cannot ignore the medical report entirely, you will win your appeal by showing that you meet the requirements of the descriptors you feel you should score points for.
I would recommend you go back to the ESA Claim guides and have a look at how you could have presented your answers to the ESA50 questions, if you has a second chance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Julieshoes
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- Gordon
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Your problem is "it was not a major problem at the time".When I completed the form ESA50 it was immediately after I left my job. As I was under a medical certificate. I had another job to start in the October of last year. However, at the time of filling in the form ESA50 I just thought I had another episode of depression and it would pass as it always had previously. However, I deteriorated and has resulted in me having resistant depression and anxiety. As a result of this I was unable to start the new job in October This was one of the problems at the medical as I did not make such a big fuss about the depression, that is because it was not a major problem at the time.
The Tribunal panel can only consider your condition as it was at the time of the assessment, any deterioration after then cannot be considered, as a matter of law.
Your primary concern at the moment is showing that you meet sufficient descriptors to meet the minimum requirement of 15 points.
However, as a seperate issue, if your believe your condition as it is now would qualfiy you for the WRAG or the Support Group, then you can make a new claim for ESA on the basis of a deteriorated condition. You will need to provide evidence of this and you will be asked to complete a new ESA50, and will likely have to attend a new assessment. You need to be aware, that any Decision on this new claim will limit any award made by your Tribunal. If you don't want to make this decision now, you can wait for your Tribunal result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- annmthomas
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All you can do at this stage is try to stay calm, prepare your notes of what you want to say and explain how your illness affects you. I presume you've already read the Guides on this site - I find them really useful.
Best of luck.
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