ESA APPEAL

Izzy wrote: Hi there,

I wondered if any one has had experience of winning an appeal for ceasing ESA based on 2 plus year old ESA50 information being used as part of the medical assessment process?
Or any help at all please

There are two aspects to your appeal.

First you can argue that the assessment does not reflect your current conditions and how they affect you on a day by day basis, but you need to be aware that this may simply result in a new assessment being ordered.

Secondly and more importantly, you need to argue that you meet the criteria for an ESA award at the level you believe you should qualify for. An award can only be made if you show that you meet the criteria.

You say that the ESA50 is more than two years old, if it was completed before January 2013 then it would have been based on the old ESA Regulations and Descriptors, you would need to confirm that the changes affect you, but if they do then this may also be something to present to the Tribunal.

In slightly more detail, the DWP will likely argue that as the assessment was based on your current conditions then the ESA50 being old is not important, you need to show that the opinions expressed by the assessor would have been influenced by the age of the ESA50. For example; if you have Mobility problems and these have worsened and you can show that the assessors opinion is based on information from the ESA50 then this would weaken the credibility of the report, perhaps you used to shop and now cannot and the report mentions your shopping.

As much as it will tempting to go through the report with a fine tooth comb, this will not result in an award, you must show that you meet the ESA criteria. If you have not already done so, go through the ESA Claim guides to understand exactly what those criteria are and what you need to establish in order for you to meet them.

If you have any specific questions then please reply to this post and we will do our best to help.

Gordon