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ESA Tribunal Advice Please
mumof2girls_2
Posts: 154 Forumite
Hi Everyone,
This isn't for me, but my mum requested I ask you helpful, informative lot for some advice.
Long story short:
Mum had cancer, chemo adn radio couple of years ago, in remission now, but hasn't been healthy since having the treatment. Anyway she had to give up work as a foster carer last year as she was suffering severe fatigue, aching joints etc.
Anyway she claimed ESA but as there was no diagnosis of what she was suffering the Dr listed it as depression.
Now we recently have been to Rheumatology where she was diagnosed with Fibromyalgia and Osteoarthritis.
Now that she has a diagnosis and is not depressed, she has stated this all along, will she be nilled for her tribunal as it is on a diagnosis of depression and will she have to reclaim under her new diagnosis? Or can she put forward at the tribunal Rheumatology's findings?
Im just unsure as to the rules.
Any help would be so much appreciated.
Thanks in advance :beer:
This isn't for me, but my mum requested I ask you helpful, informative lot for some advice.
Long story short:
Mum had cancer, chemo adn radio couple of years ago, in remission now, but hasn't been healthy since having the treatment. Anyway she had to give up work as a foster carer last year as she was suffering severe fatigue, aching joints etc.
Anyway she claimed ESA but as there was no diagnosis of what she was suffering the Dr listed it as depression.
Now we recently have been to Rheumatology where she was diagnosed with Fibromyalgia and Osteoarthritis.
Now that she has a diagnosis and is not depressed, she has stated this all along, will she be nilled for her tribunal as it is on a diagnosis of depression and will she have to reclaim under her new diagnosis? Or can she put forward at the tribunal Rheumatology's findings?
Im just unsure as to the rules.
Any help would be so much appreciated.
Thanks in advance :beer:
Wedding on hold until 2011. Mummy to DD1 3/2/6 DD2 5/10/7! Mortgaged to my eyeballs!
0
Comments
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ESA isn't based on diagnosis.Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
50p saver #40 £20 banked
Virtual sealed pot #178 £80.250 -
ESA is not based on diagnosis as the previous poster stated, your best bet is to get evidence of your mothers condition sent to the tribunal service before you are due to go there so they have that information. They will ask your mum some questions inwhich she will be able to answer as best she can and as honest as she can. If the date of your tribunal is very soon and there is not enough time to send the evidence to them before you are due to go then take all the evidence you can with you and let them know you have it. As long as the claim she made for ESA and for the condition it is for hasnt changed since she claimed then you should not need to make a new claim. The people at the tribunal will determine if she wins or loses and if it turns out the latter then she should make a new claim making sure all evidence is submitted. By making a new claim the whole medical etc process happens again. Do you have a representive going with your mother to her tribunal, if so then they can speak on her behalf and let them know any updated information. I am sure there are others here who can give you more information than i can. I would take all new evidence with you and see what happens, then go from there.0
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