Esa f2f assessment.

Today i attended my tribunal appeal as i was put in wrag and not the support group. I found the dr very pleasant but the judge was very condescendingThe tribunal lasted almost an hour and a half but i was not given a decision this will sent out in the post.

However, i am not hopeful of the decision being overturned primarily because the first comment to me after introduction was how well i looked!

None of the report or letter of appeal was discussed. Nor were they interested in how my condition has deteriated since May due to my fibromyalgia

I expect to get a decion by the end of the week but wont hold my breath. I found the whole process to be very distressing.

I just hope i am wrong as i am not mentally or physically capable of participating in work related activities and therefore in serious danger of being santioned and losing my benefits.

I guess i wiĺl have to reapply and start the process again.

I find it best to stay as positive as possible until the worst happens
You may be alright.
If it goes against you, you do have the right to a further appeal which is probably better than starting a new application.

The Tribunal are only able to consider your condition as it was when the original decision was made, they cannot take into account any worsening of your condition since then. If you can show that 1) your condition has worsened since the decision and 2) you now meet at least 1 Support Group descriptor, you can ask DWP to reassess your award. However, ou need to be clear that this would start the process all over again.

If the Tribunal decision is not in your favour, I'm afraid the chances of taking this further are limited to you being able to demonstrate an 'Error in Law'

What is an Error of Law?

I finally had my esa tribunal to appeal against being put into the wrag group instead of the support group on 21 Oct.

I found the whole tribunal very patronising. They were not interested in anything i had raised in my appeal statement. Their first words were 'how well i looked' which seemed to set the scene. The decrease in my mobility was dismissed . I was grilled on when i last went out on my own and/or to the local shop. I was subjected to sarcastic comments about having dogs and was told they could not take into account that ny assessor was not suitably qualified or that my fibromylgia has since been formally diagnosed and is very chronic.

After 2 days i received the outcome that my appeal had been disallowed.

I am going to request a full report and on contacting dwp have now been told that i should have been advised to update dwp with the changes/increase in my condition. I will do this in the next few days but am cross that i wasnt given the right advice much earlier.

Has this happened to anyone else or heard of this before please.

Any suggestions and or advice would be appreciated as my whole experience of esa and pip application has been a disaster and having a negative effect on my depression and anxirty.

Thank you.

Thank you for the clarification. I received the outcome on friday and my appeal was refused which means i remain in the wrag group.

My condition is considerably worse and i do have my consultants back up so i should be able prove i meet a support descriptor.

I realise it means the possibility of starting again but i have no choice.

I will apply for the full report too.

Fibromyalgia is so debilertating, never knowing where or how much pain and mobility i will have/be in from hour to hour let alone day to day and its made worse because its not understood.

If you decide not to go to a further tribunal you can make an immediate new claim, listing all the latest changes and deteriorations in your condition(s).