Tribunal query

I claimed ESA after a major operation. At that time I had joint pains that I thought were caused by the anaesthetic, however it turned out to be multi joint Rh arthritis. At my medical I was awarded 9 points for not being able to lift my arms to put on a hat but none at all for anything else. The biggest problems now are with my hands ( painful, stiff and twisted fingers)however, with a lot of physio my shoulders have improved and i can lift my arms a little higher. My question is, my ORIGINAL claim form has no details about the arthritis as I thought it was side effects of anaesthetic and now my shoulders have improved so could the tribunal actually remove the 9 points tht i got by ATOS? My understanding is that they only look at what scores you should have had at the time of the medical, so now I'm confused. Incidentally, my original claim was Dec 2009, medical ( & refusal of ESA) was May 2010. Still waiting for appeal

Hi Katykat

It's not the time of the medical that is relevant; it's the date of the decision, which will be on the letter you received from DWP informing you that you are fit for work.

You are entitled to obtain and submit further evidence to support your claim, but it must based on your health at the time of the decision.

And don't forget that if you haven't already done so, you have one month from the decision to send you notice of appeal on the GL/24 form.

Good luck

Derek

I did lodge my appeal within 1 month, still waiting for a date 9 months later. I sent a report from my dr ( a favourable one as she has been very supportive)and the DWP wrote back to say they stick by the decision and its still going to tribunal. But have there been any incidences of tribunals taking points away?

Sorry Katykat. I was thinking December 2009 was last month!

Yes, tribunals completely reassess you and can give you less points, but it doesn't matter as 0 points is just as good as 9 points for the purpose of qualifying for the WRAG. Appealing to qualify for the support group when you have 15 points is very different, as you could end up scoring less than 15 points and not receive any award.

Unfortunately as the system gets overloaded with appeals, the length of time you have to wait is increasing. Some claimants have had to wait a full year. I hope you get a date soon.

Derek

Hi Derek, if I lose my appeal on Monday and the tribunal take away the 6 points I already have;

if I then reapplied, failed and went to appeal again, would they know about the first tribunal?

or would it be a completely new case?

Rachel