esa decision-making with NO medical evidence

Hi all,
I have been posting regarding my 0 points scored on esa ...
I have just received through the post my decision letter clearly stating NO MEDICAL evidence was used in this decision???
I provided a copy of my MRI stating various problems ie 3 bulging discs ,anular tares, stenosis ..I watched as she went and photo copied this..
They did not ask My GP for any medical evidence either..
I phoned them yet again and yes NO medical evidence has been seen ..
How can they make an informed medical decision on this???
Is this not grounds for an appeal in its self:P
On with my appeal then but here on the papers how to sugests that I state on my gl24 do not ask me to provide furhter evidence as I have already done so..Or words to that effect..
So could I take evidence + new evidence to appeal as obviously they have not seen any as of now..Could I??

The DWP decision maker is under an obligation to use all evidence available to them.

If you believe that the decision not to award you any points is wrong, you can appeal it and you can use both evidence already submitted and further evidence.

However, please note that any further evidence you should submit should relate to your fitness at the time at which the decision was made, not as to when the appeal is heard.

carole wrote:

Hi all,
I have been posting regarding my 0 points scored on esa ...
I have just received through the post my decision letter clearly stating NO MEDICAL evidence was used in this decision???
I provided a copy of my MRI stating various problems ie 3 bulging discs ,anular tares, stenosis ..I watched as she went and photo copied this..
They did not ask My GP for any medical evidence either..
I phoned them yet again and yes NO medical evidence has been seen ..
How can they make an informed medical decision on this???
Is this not grounds for an appeal in its self:P
On with my appeal then but here on the papers how to sugests that I state on my gl24 do not ask me to provide furhter evidence as I have already done so..Or words to that effect..
So could I take evidence + new evidence to appeal as obviously they have not seen any as of now..Could I??

Hi C,

When you submit an appeal, an automatic reconsideration will take place, here your ESA assessment will be reveiwed by a different DWP Decision Maker, if the decision is not changed then, it will be sent forward to the Appeals Tribunal Service.

Therefore. there is a chance that the adverse decision could be changed at reconsideration stage.

You will have around a 4 week window of opportunity, after they receive your GL24 to submit any new evidence, or even reprovide evidence, or draw the DM's attention to evidence that you feel that they have not previously taken into account.

If you haven't already done so may I suggest that you view our ESA and Appeals sections in our : FAQ’s

And our recently updated ESA Appeals Guide Jan 2012 from here : ESA Guides

bro58


MOD EDIT : posted same time as Survivor, please see Survivor's comments also.

Thankz survivor
But The new evidence is backing up what I DID tell the so called medical person but she just didnt add this or submit the written stuff..
At the time of the medical I still couldent walk more than 10 flippin feet never mind 200mtrs how can any evidence other than MRI etc support this?
Can I not add new evidence to an apeal? I thought you could as long as you tell the clerk???

carole wrote:

Thankz survivor
But The new evidence is backing up what I DID tell the so called medical person but she just didnt add this or submit the written stuff..
At the time of the medical I still couldent walk more than 10 flippin feet never mind 200mtrs how can any evidence other than MRI etc support this?
Can I not add new evidence to an apeal? I thought you could as long as you tell the clerk???

Sorry C,

I didn't realise that your appeal had already been reconsidered, and sent forward to the Appeals TS.

bro58

Thankz Bro..