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the dreaded esa rollercoaster starts..

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  • outtawork
    outtawork Posts: 210 Forumite
    I am on ESA awaiting appeal.Medical was last December,I have osteo arthuritus in my right knee and have now had a stroke. How am I going to manage my original appeal,or will they take this into consideration. (got help writing this) I am having concentration,memory problems and need a lot more help now than before.
  • Muttleythefrog
    Muttleythefrog Posts: 20,558 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 June 2012 at 12:09PM
    outtawork wrote: »
    I am on ESA awaiting appeal.Medical was last December,I have osteo arthuritus in my right knee and have now had a stroke. How am I going to manage my original appeal,or will they take this into consideration. (got help writing this) I am having concentration,memory problems and need a lot more help now than before.

    The tribunal will not consider your changed health problems (or they certainly shouldn't..lol)... their duty is to redetermine the DWP decision of that time it was made. Additional evidence of your problems at that time can be supplied to that tribunal but it needs to relate to problems at or around that time of the decision. What you probably will need to do is contact the DWP and tell them you have had a deterioration in health... you need a supersession. You are required to inform them of any notable change in health and it sounds to me like that is the case here. It could get complicated as your appeal decision may only be applicable up to the time of any new assessment of your entitlement given the change in health - however, as your health has deteriorated you'd think it can't harm your case for entitlement.. a small consolation.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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