What Happens Next?

mazza111

Hi guys.

After a wee bit of advice on what we should do next

DD was suffering from severe depression for a couple of years following the suicide of her bf, 3 years ago, lost her job because of this.

Made a claim for ESA last year. Scored 0 points on the medical. Wrote a letter of appeal, added to the appeal that she had broken her leg, and had dislocated her knee.

Got word back yesterday that her appeal had failed and she scored 0 points and now is going to tribunal.

Spoke to DWP who said that the tribunal won't look at the broken leg or the knee problem as they didn't exist when she went for the medical. Her knee problem is the major one at the moment, as she can't walk unaided at all. She's been told to use her crutches ALL the time. And there's a possibility of Hyper Mobility Syndrome. The physio has diagnosed this, although undiagnosed by the rheumatologist.

Now, my question is.. Should we let this go to tribunal or could we reapply, using the main reasons for her not being able to work as her knee. Don't get me wrong, the depression is still there. But the knee and hyper mobility syndrome overtakes all that, waiting for knee reconstruction surgery. She can't take 2 steps without the knee cap popping out. Her ankle has still not fully healed after being 5.5 months in cast, still has to wear the orthopedic boot when going shopping etc.


All other parts of her body pop out too, but the knee being the main one. Any thoughts welcome.

rogerblack

You can continue with the appeal.

However, as the DWP correctly said, you will only be entitled to you were at the time of the original decision - the tribunal is re-making the original decision, as if it was sitting at the time of the original decision - it can't take acount (usually) of future events.

She can make a claim that her condition has altered, and be reassessed on that basis.
If she does so, the tribunal will only look at the period between the two claims, and the award will be whatever the DWP says it is after the second claim.

However.
If she is unable to walk, and cannot use a wheelchair - she needs to get evidence of this - due to her hypermobility, and can't mobilise 30 yards with crutches, then she may be entitled to ESA on this basis alone.

mazza111

So, she should make a new claim with the added bits to it Roger. I feel she would probably have no problem getting ESA with the new bits that's wrong with her, but was on waiting list to see the MHT with regards to her depression, so was getting no help with that as yet. Her appointment came through for it when she was in hospital getting her psoriasis treatment. Always the way, wait months for treatment and 2 appointments come along at once.


That's the bit I don't get, would it be a new claim or an alteration to the original claim?

HB58

She can make a new claim as she has new health problems.

tree23

mazza111 wrote: »

So, she should make a new claim with the added bits to it Roger. I feel she would probably have no problem getting ESA with the new bits that's wrong with her, but was on waiting list to see the MHT with regards to her depression, so was getting no help with that as yet. Her appointment came through for it when she was in hospital getting her psoriasis treatment. Always the way, wait months for treatment and 2 appointments come along at once.


That's the bit I don't get, would it be a new claim or an alteration to the original claim?

It would be a new claim and probably involve a new assessment at some stage.

mazza111

Thanks guys, would welcome a new medical as her condition has worsened so much in the last year. Trying to get an appointment with CAB, but haven't managed to get their phone answered today, have tried a similar organisation that deal via email up here, so will let you know how things go.

mazza111

Just a wee update, after a lot of toing and froing from DWP. Last week they agreed to start a new claim, and keep the tribunal going. Still haven't received the claim form through tho. :mad: Didn't think it usually took over a week to get the form through, nm will give them another call this afternoon

mazza111

Blah! Just a wee update on this. Sadly my daughter's condition has worsened considerably. She's now had 2 dislocated knees, one that's not very stable at all which is needing surgery. A dislocated shoulder, a dislocated wrist. She now wears braces on both knees and both wrists. Insoles for her shoes, and is only allowed to wear high top trainers (the boot type) to support her ankles.

She's now been awarded HRM and LRC DLA because of her disability. We feel this is the right decision for the amount of care she's getting at the moment. Although I have had to go down at night to pick her up when she falls over, it's not a constant thing. One hurdle down, one to go. Still nothing from the ESA appeal tribunal. Went to court and was adjourned through lack of medical evidence. They wanted to see her doctors reports.