awaiting ESA tribunal Date

lifesupandsdown

Hello everyone,

I failed my 2nd WCA in December 2011, have appealed now awaiting a tribunal date. I recieved a letter from the tribunal service advising that my tribunal will not happen till after 29th October 2012.

I have osteoarthritis,fibromyalgia, distengrating facet joint in back and depression. Late November 2010 i was reassessed for my DLA, with a medical at home. My DLA award was unchanged 2 weeks later i was found fit for work for ESA.

Today I have recieved notification that my surgery on my knees is happening on the 14th November 2012. I am Having bilateral arthroscopy (each knee). I have my pre op assesment this week. So will find out then how long i will be unable to use my legs for.

My question is : is it worth letting the tribunal service know i, having this surgery even though i dont have a date yet.

Thank you for your help

[Deleted User]

it would be worth letting them know the dates you wont be avaliable and why

HB58

However, the tribunal service will only be able to look at your condition as it was when the first decision was made, they will not be able to take into account any recent changes in your condition.

wigglybum

woodbine wrote: »

it would be worth letting them know the dates you wont be avaliable and why

My OH did just that,told them the dates of his 3rd discectomy operation so they booked him in for his medical the day after :mad:

In our opinion they don't read them.Good luck though.

Muttleythefrog

As above... you could let the tribunals service know in the unfortunate event the surgery clashed with the much anticipated appeal. But also as above, the tribunal panel will be looking to redetermine the decision the DWP took at the time they took it.. so they'll be looking at your care/mobility problems at around that time.

lifesupandsdown

thank you for all the replies.

I will get a letter sent to the tribunal service to notify them of the operation date.

My condition hasnt changed since my medical,the consultant has just decided to do the operation that ive requested for the last 3 years. ( have already had arthrocopy on both knees 3 times,but not at same time). I have had bad joints for the last 35 years so dont think they are going to get better anytime soon.

I dont know what the affects are off having them both done at same time.So thats a concern also.

Muttleythefrog

Good luck. In case you haven't seen the MOJ video regarding appeal tribunal... you might want to watch it.
http://www.youtube.com/watch?v=tbWXG6Ho4i8