Letter for Medical

JIMO

The DWP and any appeal panel can only consider your wife's condition as it was on the day of the assessment, that does not mean that her (pending) treatment can not be included but you must change the context from something occurring in the future to something occurring because of current (date of assessment) condition. Obviously if her treatment is likely to cause her a deterioration of her condition then this would still be outside the scope of any appeal.

You should now have 2 copies of the MR Notice you need to send one with a completed SSCS1 to HM Courts and Tribunals, there is a link to the form in our ESA MR and Appeal guide.

Once the appeal has been lodged the TS will send notification to the DWP who will prepare an evidence pack containing all of the documents used in the Decision, one of these will be the ESA85, however, it will be many weeks before this happens.

You were entitled to a copy of the assessment report during the MR process and the DWP have been derelict in not supplying one when originally requested.

I would now raise a Subject Access Request (SAR) for the information, Bro posted information about this in her last post.

If you have further questions then please reply to this post.

Gordon

JIMO wrote: Thanks for your response Gordon.
So am I correct in saying I can sent the form off to the tribunal and a letter setting out what I feel was not correct later . Meaning in a few weeks.

Yes, you will need to give basic reasons for the appeal on the SSCS1, but you do not have to go into detail, technically you have one month from when you receive the DWP evidence package to prepare and submit your evidence, but in reality you can continue to submit evidence to the TS up to about 2 weeks before the appeal hearing.

Please be aware, this applies to anybody making an appeal at the moment, because of the delay introduced by the MR process and the general delays in the ESA assessment system, many of the delays experienced in the ESA appeal system (due to the volume of appeals), have been removed, so where we were regularly seeing appeals take a year to be held in may now only be a few months.

Gordon