The ESA medical for people with anxiety and depression

Muttleythefrog

If you were granted leave to appeal it would probably result in a new tribunal being ordered. I'm not a legal eagle.. but my simple understanding is that in effect being granted leave to appeal means you have been given a legal right to challenge the tribunal decision... a legal right obtained by showing that they made an error in law. In your case that error in law is potentially prodedural. If you were ever to have a tribunal in future definitely try to attend in person - that statistically significantly increases chances of success (largely no doubt because the appellant themsleves can give them compelling first hand testimony)

bry66

my tribunal letter has come and it says case will not be set aside.
the jugde has put the reason as my medical information from 12/1/11 would not have been looked at anyway and has adviced me to go to cab.

Muttleythefrog

bry66 wrote: »

my tribunal letter has come and it says case will not be set aside.
the jugde has put the reason as my medical information from 12/1/11 would not have been looked at anyway and has adviced me to go to cab.

Yeah... if you want to pursue further for leave to appeal I would definitely say you need a legal rep from CAB or the like. Making a case for error in law on grounds of procedure is something that will need a proper looking at to evaluate and potentially thereafter request. I think you have to seriously weigh up if this is worth your efforts in light of other circumstances. There's every chance you do not have a good legal case to make.

I'm surprised a little the judge says that regarding medical evidence unless he has seen details of it - since presumably medical evidence dated 12/1/11 is not necessarily medical evidence applying from around that time. It's perfectly possible a medical professional could give testimony to say you had such and such ailments and medical effects at any time in theory. But anyway...lol.. I digress.

bry66

the only medical evidence that was seen at my tribunral was the atos medical i had on the 12/1/11 the medical evidence that i have that i wanted the jugde to look at was 2 letters from my gp saying how he has been treating me and how my condition has got worse other the months to date,and a letter from my mental health nurse saying the same really.
when i spoke to the tribunal service today they said they think the judge means he could only look at the evidence that had been present up till the 12/1/11 and to seek help from the cab over my condition getting worse.
thanks.

loopy_lass

just to let you know i suffer from cyclotymia (mild bipolar) and ive been for my assessment, now they did keep me waiting for over an hour... but it was fine, i just said how my illness affected me and i was put in working group, and i have an re assessment in november... is this good?

loops

Kiada

How long after a medical can you request the Atos report? Is it usually wise to wait until after you've had a decision, or best to get it asap to give yourself a bit of preperation as to the potential outcome?

Muttleythefrog

Kiada wrote: »

How long after a medical can you request the Atos report? Is it usually wise to wait until after you've had a decision, or best to get it asap to give yourself a bit of preperation as to the potential outcome?

You can do it immediately. I would give them maybe 3 or so working days so that when you request it the chances are they already have it to copy and send out or are about to get it. But I'd get it ASAP for the simple fact that if things go wrong you're probably going to need a copy anyway... and will if you intend to appeal.... and on the other hand if things went well then you could alleviate stress and anxiety for what could be weeks while you wait for a decision that may in effect just replicate what is in the report.

Kiada

Thanks for the response Muttleythefrog, will do that

Eeyore2009

I passed first time round with Anxiety and Depression back in July 2010.
Just awaiting any news on the ESA 50 I sent off on the 01/08/11

Eeyore2009

had my second medical on 3/1/12

received a letter this morning saying is passed