ESA Appeal evidence

Pop06

I've just received a date for my appeal at the end of the month. What evidence would be helpful to send in before my hearing? I got 0 points however on my previous medical received 15points. Since the appeal process started I've had two more surgeries last one only being 2 weeks ago will this help?
Thanks in advance!

mazza111

This is where it gets difficult as the appeal/tribunal will only look at your condition on the date you had the medical. However, if you were waiting for this surgery at the time it could be taken into account.

Personally I would visit the welfare rights officer at the local social work department. The chances of you winning appeal with them aboard rises from 30% (dwp figures) and 70-80% (WRO figures)

Muttleythefrog

In the ideal world you've have been a bit ahead of the game so to speak and gotten any supporting evidence in some time ago. You can still get evidence in for consideration...and even do so on the day if you present it to reception on your arrival. It can't be stressed enough that this is a game of demonstrating that the descriptors apply... so my advice is have a good idea of which ones you think apply and try to get evidence to support that claim. As above though there is the issue of timely evidence... the tribunal is looking to redetermine the decision the DWP made at that time.. so they will consider evidence that applies around that time (albeit may not have been available at that time) and of course your health at that time. They should disregard any deterioration or changes in circumstance to determine entitlement.. the idea is that if such occurs then you notify DWP of change of circumstance and they may look again at your case for entitlement from the point at which the changes occurred. But I'd focus on this appeal... and make sure you at least attend... being there offers you ideal chance to give primary evidence to the panel about your difficulties. Make sure you do that in a very relevant way regarding the descriptors. Good luck!

atrixblue.-MFR-.

in my experience, the tribunal can look at three stages of the claim, 1 upon making the original claim and what it was for and that the claim is made for the main condition you have.

2, the esa50, this can also act as an update to your condition like informing the dwp/jcp your condition have worsened since or have improved.

3.at medical phase.

if the operations relate to the main condition you claimed for then yes you can submit the evidence on the day if needbe to the tribunal just hand your evidence to the clerk upon arrival who will seek you and out ask you if you have anything you wish to hand in if not then hand them to reception informing them the clerk needs to hand these document to the tribunal asap.

if this is separate and you have not informed DWP that you have had operations etc or a newly developed condition then you could reclaim ESA but very doubt full a tribunal would allow you to enter evience not relating to your original claim but worth a shot.

mazza111

They are only there to look at the claim at the time of your medical.

We would have welcomed a fresh medical for my daughter, since her medical she's suffered from a broken leg (5.5 months in cast), still gets pain in it, double dislocation of the knees (one on several occasions), a dislocated shoulder, slipping wrists, ankles and other things that go along with HMS. But at the time all she was diagnosed with was mobile knees and depression.

Atrix blue is right in the fact that the esa50 can be used, unfortunately ours went missing in the post, however, DWP didn't tell us that at the time, and only found out about it when we were going to tribunal. :mad:

rogerblack

mazza111 wrote: »

Atrix blue is right in the fact that the esa50 can be used, unfortunately ours went missing in the post, however, DWP didn't tell us that at the time, and only found out about it when we were going to tribunal. :mad:

It would be extremely unusual for them to grant ESA without the ESA50, in the absence of compelling other evidence.
They are required to send a reminder, if the ESA50 is not received.
They are claiming the ESA50 was never received at all, not that they have subsequently lost it?
In some cases, later facts can be considered, if they bear on the understanding of the case when the application was first made.

For example - a later diagnosis may have been possible to make at the time, if appropriate medical evidence had been sought.

Pop06

Many thanks for you replies. My last two surgerys were June 4th and July 18th both in relation to original claim of complecations after foot surgery. Born with deformity had numarous surgery but after surgery in jan 2011 couldn't return to work as unable to walk or stand. I'm now non weight baring for another 8weeks then all being well returning back to work part time initially until fully recovered so hopefully no longer require ESA anyway. I've got a letter from my consultant and physio which I'm posting off to tribunal tomorrow along with an update letter. To be honest I'm not holding my breath with winning the appeal! We will see!!

mazza111

rogerblack wrote: »

It would be extremely unusual for them to grant ESA without the ESA50, in the absence of compelling other evidence.
They are required to send a reminder, if the ESA50 is not received.
They are claiming the ESA50 was never received at all, not that they have subsequently lost it?
In some cases, later facts can be considered, if they bear on the understanding of the case when the application was first made.

For example - a later diagnosis may have been possible to make at the time, if appropriate medical evidence had been sought.

Dunno Roger, we only found out when we went to the appeal that the ESA50 wasn't there. A bit of stupidity on my part too for not photocopying it!! D'oh. Felt like a right lemon when they asked at the tribunal if I had a copy of it. She's been on appeal rate now since about July/August last year.

sunnyone

trastor wrote: »

It seems that the DWP work on the basis of always being biased against awarding a benefit.

They might be biased against internet trolls like you andy.