Condition deteriorated.

Hi guys,

I have posted on here a couple of times previously and have received some excellant advice so I am hoping someone might be able to advise me further.

I am in the process of waiting to hear of a tribunal date for my appeal for esa. I had a medical in March but only scored 6 points and was found fit for work.

In July i had an appt with my spinal consultant ( after waiting 9 months) and was told that the fusion that i had last year had failed quite severly, i now need a complete revision of the fusion plus extra metalwork put in and i am now on the surgery waiting list, plus i am waiting for pain injections and a small investigative op before the fusion.

I forwarded on the consultant letter that was sentto my doctor to the tribunel service who have acknowledged that they have received it .

I also contacted dwp as to the change in my circumstances and they sent out another esa50 to me in august which i filled out, included ct scan appt letter and consultant letter and also the treatment that i am waiting for a nd duly returned it before the 10th sept as stated.

Will they firstly take into consideration at my tribunel the change in my condition. Does the second esa50 that i returned becomea whole new claim and does the fact that i am now facing more major surgery with no garauntee of success prove that i am indeed unfit for work?

Any help would be gratefully appreciated because i have yet to hear anything from dwp.

The tribunal can only consider things as they were when the first decision was made, they cannot take into account any more recent change.

Your new ESA50 will result in a new decision which will supersede the one made by the appeal tribunal.

smithy220 wrote:

Hi guys,

I have posted on here a couple of times previously and have received some excellant advice so I am hoping someone might be able to advise me further.

I am in the process of waiting to hear of a tribunal date for my appeal for esa. I had a medical in March but only scored 6 points and was found fit for work.

In July i had an appt with my spinal consultant ( after waiting 9 months) and was told that the fusion that i had last year had failed quite severly, i now need a complete revision of the fusion plus extra metalwork put in and i am now on the surgery waiting list, plus i am waiting for pain injections and a small investigative op before the fusion.

I forwarded on the consultant letter that was sentto my doctor to the tribunel service who have acknowledged that they have received it .

I also contacted dwp as to the change in my circumstances and they sent out another esa50 to me in august which i filled out, included ct scan appt letter and consultant letter and also the treatment that i am waiting for a nd duly returned it before the 10th sept as stated.

Will they firstly take into consideration at my tribunel the change in my condition. Does the second esa50 that i returned becomea whole new claim and does the fact that i am now facing more major surgery with no garauntee of success prove that i am indeed unfit for work?

Any help would be gratefully appreciated because i have yet to hear anything from dwp.

Hi s220,

The Tribunal will only take into account your medical conditions, and resulting limited capabilities at the time of the "fit for work " decision that you have appealed.

Therefore, any new evidence of a change or deterioration in your condition after that time will not be relevant to your appeal.

As you have forwarded fresh evidence with regards to a"change in circumstances" and have filled in and returned another ESA50, you will be subject to a review/supersession of your existing "fit for work" decision.

As is the norm, it will not be a deterioration or change in your conditions that will give you an award of ESA in the WRAG or SG, it will be whether you qualify under the criteria of the relevant descriptors,or Exceptional Circumstances rules, see :

Qualifying for the Support Group

Qualifying for the WRAG

&

ESA Guides


If you were found to qualify for WRAG or SG on this review/supersession, the Tribunal would still make a decision on the original "fit for work" decision, if you were awarded WRAG or SG by the Tribunal, this award would run from the time of the original adverse decision to the date of the fresh review/supersession award.

Hope this explains it.

bro58

Thanks to all that replied.

Hopefully the decision will go my way but we shall see.