Advice after Tribunal

Lizzie23 wrote: Sorry to bother you but I need some further advice please. You have all been so kind but I am still struggling with my ESA transfer. I was placed in the WRAG group after medical in February. Appealed decision as I felt I should be in the support group and had Tribunal in December after I had seen my specialist at beginning of December. I was diagnosed with a further illness but the Tribunal judge refused to accept the additional illness even though I have been suffering from the condition when I had my medical in February. My application was refused and I have written for a SOR. My question is this. I have been told I can request a supersession but how would I go about requesting this? Just based on the conditions I had back in February I feel I should qualify for the support group but now with the additional illness I really need someone to listen to me. Thanks so much for your help on this site.

Unfortunately it can be quite difficult to get an Appeal Tribunal to accept that evidence that post dates the date of the Decision also applies to the time of the Decision, unless your Specialist specifically states that you would have been affected at that time, the panel are required to ignore it.

However, if your evidence clearly states that you would have been affected, then this may constitute an Error of Law, see

What is an Error of Law?

You'll need to get face to face advice from an advisor with experience in this area, as we are unable to help with appeals to the Upper Tribunal.

With regard to requesting a SuperSession, you should be able to do this by writing to the DWP office that normally deals with your claim, and stating that due to a deterioration in your health you believe that you now meet at least one of the Support Group descriptors.

You are likely to be asked to complete a new ESA50 and to attend a face to face assessment, also, as you are initiating the review, the burden of proof lies wholely with you to provide any and all evidence.

You need to be aware that there will be an update to the ESA descriptors at the end of the month, which may affect you. The updated descriptors (only) are in Annex B at the end of the following document.

www.dwp.gov.uk/docs/m-1-13.pdf

As always any review of your claim carries a risk

Is there any risk to challenging a decision?

Gordon