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Esa in appeal but have new condition
- wispafish
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12 years 3 months ago - 12 years 3 months ago #95859 by wispafish
Esa in appeal but have new condition was created by wispafish
My esa has been in appeal for at least five months but i have recently been diagnosed with another condition. What do i do about informing the dwp or shall i wait till i get the paper work through for the appeal.
Last edit: 12 years 3 months ago by Gordon.
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- Karlo
12 years 3 months ago #95861 by Karlo
Replied by Karlo on topic Re:Esa in appeal but have new condition
The appeal will only take into consideration the conditions you made known during the initial claim process.
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12 years 3 months ago #95862 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Esa in appeal but have new condition
wispafish wrote:
The Tribunal cannot take any account of your new condition, they can only consider your health as it was at the time of the Decision you appealed.
You can make a new claim for ESA on the basis of a new condition, but you need to be aware that any Decision resulting from such a claim would limit the Decision from your Tribunal, so as an example, if your Tribunal places you in the Support Group, and the new claim results in another Fit for Work Decision, this latter Decision would take precedence from the date it is made.
We can't advise which course of action you should take, so you may want to get face to face advice regarding this.
Gordon
As I understand, you are appealing a Fit for Work Decision.My esa has been in appeal for at least five months but i have recently been diagnosed with another condition. What do i do about informing the dwp or shall i wait till i get the paper work through for the appeal.
The Tribunal cannot take any account of your new condition, they can only consider your health as it was at the time of the Decision you appealed.
You can make a new claim for ESA on the basis of a new condition, but you need to be aware that any Decision resulting from such a claim would limit the Decision from your Tribunal, so as an example, if your Tribunal places you in the Support Group, and the new claim results in another Fit for Work Decision, this latter Decision would take precedence from the date it is made.
We can't advise which course of action you should take, so you may want to get face to face advice regarding this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Karlo
12 years 3 months ago - 12 years 3 months ago #95865 by Karlo
Replied by Karlo on topic Re:Esa in appeal but have new condition
Gordon
Sorry to hijack the thread but if a condition was a direct result of a condition already made known to the DWP and ATOS would it be allowed as new evidence in an appeal?
For example PTSD first made known in say an ESA50 then after the decision a diagnosis of depression and anxiety was made as a direct result of the PTSD?
Sorry to hijack the thread but if a condition was a direct result of a condition already made known to the DWP and ATOS would it be allowed as new evidence in an appeal?
For example PTSD first made known in say an ESA50 then after the decision a diagnosis of depression and anxiety was made as a direct result of the PTSD?
Last edit: 12 years 3 months ago by .
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- wispafish
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12 years 3 months ago - 12 years 3 months ago #95867 by wispafish
Replied by wispafish on topic Re:Esa in appeal but have new condition
So do i not need to let the dwp no theres a change in circumstances?
Last edit: 12 years 3 months ago by Gordon.
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12 years 3 months ago #95870 by
Replied by on topic Re:Esa in appeal but have new condition
Karlo wrote:
Hi k,
You would have to prove catergorically that you were suffering with the depression and anxiety at the time of the adverse decision.
The DWP could correctly state that the DM made the adverse decision on the information that was available to him at the time of adverse decision, which in the scenario that you pose would only have been PTSD.
Please remember also, that it would not have been the medical conditions in themselves that gave you the WRAG award, it would be the resulting limitations, and which of the descriptors your limitations fulfilled. (WRAG or SG)
bro58
Gordon
Sorry to hijack the thread but if a condition was a direct result of a condition already made known to the DWP and ATOS would it be allowed as new evidence in an appeal?
For example PTSD first made known in say an ESA50 then after the decision a diagnosis of depression and anxiety was made as a direct result of the PTSD?
Hi k,
You would have to prove catergorically that you were suffering with the depression and anxiety at the time of the adverse decision.
The DWP could correctly state that the DM made the adverse decision on the information that was available to him at the time of adverse decision, which in the scenario that you pose would only have been PTSD.
Please remember also, that it would not have been the medical conditions in themselves that gave you the WRAG award, it would be the resulting limitations, and which of the descriptors your limitations fulfilled. (WRAG or SG)
bro58
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