X-rays and MRI scan info for appeal

Hi,I have been put into the Wrag group and have appealed to be put into the support group,my appeal will be heard on the 31st of this month,I've recently had X-rays of the cervical spine for proof of cervical and lumber sponylosis,the X-ray confirms disc space narrowing and degenerative changes in discs,I'm just waiting on the results of the MRI scan which I should have next week,what I need to know is this evidence enough for me to put to the tribunal or do I need more,it's just that I'm starting to run out of time and worried that its not enough evidence,.

Hi phil,

XRays and MRI scans can prove that you have the condition/s that you say you do, but neither ESA nor DLA are given because of particular conditions (in the main), they are given because the claimant meets specific criteria. Of course, showing that you do have a certain condition is helpful, but you should look at providing some evidence of the way that you meet the Support Group descriptors if possible.

Hi p67,

Whilst paying heed to MHB's good advice.

Any evidence that you may obtain, including X-rays, MRI's, etc, must be pertinent to the medical conditions and resulting limitations that you suffered from at the time of the adverse decision, and not at any time since.

The Tribunal will only look at such evidence, and will not take into account any deterioration or the development of any new conditions since then.

Therefore, it is important that any freshly obtained evidence is tied to the time of the adverse WRAG decision.

bro58

Thanks to the both of you for your advice which I have took on board,I have a letter as well from my doctor to back up the X-ray stating its relation to my ongoing medical problems that date back to 1989,when I go to the appeal will I need explain the relevance to the problems I face ie walking lifting etc.

Mrs hurts back thanks for your reply,will a letter from my doctor stating my problems be evidence of my limitations.

phil67 wrote: Thanks to the both of you for your advice which I have took on board,I have a letter as well from my doctor to back up the X-ray stating its relation to my ongoing medical problems that date back to 1989,when I go to the appeal will I need explain the relevance to the problems I face ie walking lifting etc.

Hi p67,

As MHB has correctly advised, although it is important to prove that you suffer from your stated medical conditions with documented medical evidence. To gain access to The SG, you must show that the resulting limitations fulfill at least one of The Functional SG Descriptors:

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

and/or you qualify under Exceptional Circumstances, under ESA Reg 35 : ESA Reg 35 for entry to The SG (LCWRA)

See also : Qualifying for the Support Group

You could do this in a one or two page submission, highlighting which of The SG Descriptors you feel that you fulfill, and drawing reference to the corresponding supporting evidence.

bro58