Tribunal

archie0123 wrote: I have my tribunal on Monday. Since my medical and appeal, I have had further medical investigations. Results of MRI scan have diagnosed me with 2 dehydrated discs, with annular tears,significant facet hypertrophy resulting in lateral recess spinal stenosis more marked on the right, compromising the transisting nerve roots. I also have a score of 22/29 on the PHQ9 score for depression, something I have been battling with for nearly 19 years. I am also having balance therapy for BPPV/vestibular migraine.I am aiwaiting operations on both of my knees the first being on the 1st May. I am scared witless about Monday and really don't know what to expect or do and how do I put the above across etc

From your previous posts I believe this is in connection with Fit for Work Decision following your transfer from IB to ESA.

First some links for you

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Your biggest issue will be with the treatment and investigations that have occurred since your appeal was lodged, the Tribunal can only consider your conditions as they were at the time you were assessed, unless your evidence clearly shows that you were affected by these problems at this time you risk them being excluded from the proceedings.

Secondly, you need to change your perspective, they will not consider your conditions but the effect they have on your ability to complete the tests in the ESA descriptors, and it is only by you showing that you meet these requirements that your appeal will be successful, see

Qualifying for the WRAG

Qualifying for the Support Group

Gordon

archie0123 wrote: The problems with my back, knees, depression and dizziness, nausea have been ongoing since my accident in 1994, which my GP has supported with a letter stating so. The problems have always ben there and are why I was medically retired. Will they not look at that??

If they were referenced on your ESA50 then yes, they should, but any deterioration since the assessment will definitely be ignored, and there may still be an issue with any evidence that post dates the assessment, if it is not clear that it is an relation to your conditions at the time of the assessment.

Gordon

archie0123 wrote: They were all covered/ mentioned by the doctor who did my assessment etc and all documented in the report I have received. will that help my case?

Yes it should, but can I repeat my earlier comment that it is not your conditions that the panel will be looking at but their effects in relation to the ESA Descriptors.

Gordon