× Members

ESA appeal : Change of medical circumstances

More
11 years 8 months ago - 11 years 8 months ago #111281 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 ?
Last edit: 11 years 8 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #111285 by slugsta
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.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.