Tribunal Appeal

I have just subscribed to this usefull looking website.
I have been wading through alot of the info, which is quite 'mind bogling'.
I have some questions to ask of the experts, please.
Just some basics about myself. 20 years ago I had a serious RTA damaging both legs severely, medically retired from the prison service, and have been receiving Incapacity, industrial injuries, DLA ever since. I moved to France 12 years ago (DLA removed because not exportable). Last summer (2012) I filled in the form for ESA and had a medical, by a French doctor for ESA. I received a letter this year in January stating that from 26 Feb2013 I am entitled to contribution based ESA and to be placed in the work related activity group, as I live abroad I do not need to attend any of the activity groups, then after 365 days this will stop, and so will my national insurance contribution and the health cover for myself and family.
I wrote back to ask for the decision to be looked at again, as my condition had deteriorated since having the examination and filling in the form, I send various medical documents and said that after reading the governments document ESA214, considered that I should be placed in the Support group as the 'unable to walk 50m' descriptor applies to me. 30 May, I received a letter saying that they have not changed their decision, and that this has now been sent to a independent tribunal service. I have written subsequently, to say that I wish to come to the tribunal and have sent some more medical information confirming my inability to walk 50m.

After speaking to the ESA office the other day, was told that it is an overall picture they are looking for, and not just one descriptor, to get into the support group, is this true ?
Will I receive any information about my appeal beforehand ?
Can I request where the appeal is held ?

Hello and Welcome to Benefits and Work ,

No, it is entirely wrong to say that access to the Support Group depends on the overall picture rather than a single descriptor. Although qualifying for the Support Group is not points-based, it does depend entirely on meeting specific criteria

Qualifying for the Support Group

However, there are two things of which you should be aware-
Firstly, the descriptor to which you refer deals with being able to mobilise 50m, not walk 50m. The DWP are allowed to assume that you would be able to self-propel a wheelchair this distance if you do not clearly show that you would be unable (or that it would be unreasonable) to do so.

Secondly, the tribunal can only look at your circumstances as they were at the time of the original decision, they cannot take into account any subsequent worsening of your condition (or new diagnosis). If you believe that your condition has deteriorated since this date, such that you now meet the Support Group descriptors, your options would be 1) to wait for a routine reassessment or 2) to contact DWP and ask for a 'supersession' yourself. This would start the assessment process again. In the case of a reassessment, whether prompted by DWP or the claimant, before the appeal is heard the tribunal decision would run from the date of the first decision up until the date that the reassessment is decided.

On a different note, I see that your username appears to be your real name. Many people prefer to use an alias in order to maintain a degree of anonymity. If you wish to change your username you can do it easily by following the advice in this FAQ

My full name is showing, how can I stop it?

If you have any further questions, please come back and ask them on this topic/thread as it does help us if everything is kept in one place. You will find it easily in future if you bookmark it, or make it a favourite, now

Thank you for your help;
I find the questions/descriptors unclearly written and not easy to understand.
Regarding the mobolising 50m, I use a self propel wheelchair in the house, but do not go 'out' 'unaided by another person' with the wheelchair, due to a damaged right forearm, which makes propelling the wheelchair unbalanced, and difficult. I haven't been asked any questions about wheelchair use.

I will hope that the tribunal will look into my worsening condition, as I reported it to the DWP earlier this year, with various doctors and surgeons letters; My file was sent back to the decision makers, who then said that they had looked at the evidence and would not change their decision (no medical)

DWP have told me they have no idea where the tribunal will be held, do you know if there is a centre where these are held for overseas people?