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ESA appeal : Change of medical circumstances
- drewan
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11 years 8 months ago - 11 years 8 months ago #111281 by drewan
ESA appeal : Change of medical circumstances was created by drewan
I received 0 points at a medical assessment dated 01/03/13, based largely on physical grounds (which I accept are largely resolved) although I did mention some minor mental difficulties. I appealed and the hearing is in 13 days time.
In the meantime the mental issues have come to the fore. I first approached my G.P. re: this in January 2013 and was placed on medication initially. Post-assessment I was referred to Mental Health Services for therapy and recommended for 2 different types of therapy. neither of which (through no fault of my own) will commence until after the Tribunal hearing.
All I want to do is to be placed in the WRAG as I really feel I need this background medical help and support at present.
As the therapy has not started yet I have no Medical evidence to submit and my G.P. is less than supportive (difficulties persuading her to issue MED 3s etc.)
PLEASE what on earth do I do about the hearing and submitting any further evidence beforehand ?
In the meantime the mental issues have come to the fore. I first approached my G.P. re: this in January 2013 and was placed on medication initially. Post-assessment I was referred to Mental Health Services for therapy and recommended for 2 different types of therapy. neither of which (through no fault of my own) will commence until after the Tribunal hearing.
All I want to do is to be placed in the WRAG as I really feel I need this background medical help and support at present.
As the therapy has not started yet I have no Medical evidence to submit and my G.P. is less than supportive (difficulties persuading her to issue MED 3s etc.)
PLEASE what on earth do I do about the hearing and submitting any further evidence beforehand ?
Last edit: 11 years 8 months ago by slugsta.
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- slugsta
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11 years 8 months ago #111285 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA appeal : Change of medical circumstances
Hi Drewan,
The tribunal can only look at your situation as it was when the decision was made. They cannot consider any subsequent worsening of your mental health - but the good news is that they cannot consider the recent improvement in your physical condition.
You need to decide which descriptors you think apply to you and make a good argument for this
Qualifying for the WRAG
Do you have any evidence to back this up? Letters from consultants, therapists, even friends and family?
You can ask to view your medical records and take a copy of anything that is helpful. There will be a charge for this
Requesting your medical records
Charging for medical records
If you have problems getting these together in time you can ask for a postponement. However, I will warn you that the Tribunal service might well take the attitude that you have already had a period of some months to obtain what you need and insist on the hearing going ahead as planned.
You should also look at this
Preparing for a Tribunal
and this
Youtube video
I am sure that one of the other mod's will comment too. If you bookmark this topic, or make it a favourite on your web browser, you will find it easily in future. Please come back and ask further questions when the site opens again this evening, if you wish.
The tribunal can only look at your situation as it was when the decision was made. They cannot consider any subsequent worsening of your mental health - but the good news is that they cannot consider the recent improvement in your physical condition.
You need to decide which descriptors you think apply to you and make a good argument for this
Qualifying for the WRAG
Do you have any evidence to back this up? Letters from consultants, therapists, even friends and family?
You can ask to view your medical records and take a copy of anything that is helpful. There will be a charge for this
Requesting your medical records
Charging for medical records
If you have problems getting these together in time you can ask for a postponement. However, I will warn you that the Tribunal service might well take the attitude that you have already had a period of some months to obtain what you need and insist on the hearing going ahead as planned.
You should also look at this
Preparing for a Tribunal
and this
Youtube video
I am sure that one of the other mod's will comment too. If you bookmark this topic, or make it a favourite on your web browser, you will find it easily in future. Please come back and ask further questions when the site opens again this evening, if you wish.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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