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ESA appeal adjournment
- citymike
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11 years 4 months ago - 11 years 4 months ago #96803 by citymike
ESA appeal adjournment was created by citymike
In June 2011 I was put in the wrag. In June 2012 I made a late appeal to be put into the support group, the appeal was accepted and a hearing was made for early Oct 2012. On the morning of the appeal i was called to say the hearing had been adjourned. They wrote to explain that they wanted my medical records from my GP from June 2009 to the current time(Oct 2012).
Now as I understand they can only take into account my condition at the time of my assessment, as this was in June 2011 why do they want my records up to Oct 2012.
I am still waiting for a new hearing date.
While this has been going on I was reassessed in Oct 2012 and placed in the support group.
CM
Now as I understand they can only take into account my condition at the time of my assessment, as this was in June 2011 why do they want my records up to Oct 2012.
I am still waiting for a new hearing date.
While this has been going on I was reassessed in Oct 2012 and placed in the support group.
CM
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #96809 by Gordon
You are correct in stating that the Tribunal can only take into account evidence relating to your condition at the time of the Decision you appealed.
However, it is possible for information to have been added to your medical records after June2011, that is still relevant to your condition as it was at that time, for example; a consultants report months later could still be relate to your health at the time you were assessed.
On a seperate note, as a new Decision on your claim has been made it will limit any decision by the Tribunal, so even if the June 2011 is upheld, you will remain in the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal adjournment
citymike wrote: In June 2011 I was put in the wrag. In June 2012 I made a late appeal to be put into the support group, the appeal was accepted and a hearing was made for early Oct 2012. On the morning of the appeal i was called to say the hearing had been adjourned. They wrote to explain that they wanted my medical records from my GP from June 2009 to the current time(Oct 2012).
Now as I understand they can only take into account my condition at the time of my assessment, as this was in June 2011 why do they want my records up to Oct 2012.
I am still waiting for a new hearing date.
While this has been going on I was reassessed in Oct 2012 and placed in the support group.
CM
You are correct in stating that the Tribunal can only take into account evidence relating to your condition at the time of the Decision you appealed.
However, it is possible for information to have been added to your medical records after June2011, that is still relevant to your condition as it was at that time, for example; a consultants report months later could still be relate to your health at the time you were assessed.
On a seperate note, as a new Decision on your claim has been made it will limit any decision by the Tribunal, so even if the June 2011 is upheld, you will remain in the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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