CHANGE OF MEDICAL CONDITION ; ESA APPEAL

As a result of a failed ESA appeal (2oth November2013) following a medical assessment in March (Nil points) and a rejection of reconsideration in May, I am wondering whether to appeal to the Upper Tribunal.I was asking to be moved from the Job Seekers group to WRAG.

In the 9 months between March and November my physical position has largely resolved, but my mental problems have increased sharply (medication/Community Mental Team etc. )

As my circumstances have changed, I would like to know:

1) Is the relevant date for my medical condition March, May or November for the purposes of appeal?

2) if I appeal, will I still receive assessment rate ESA or will I have to apply afresh for JSA/ESA?

Any comments would be greatly appreciated, as it feels pretty lonely out here !!

Thanks a lot. Drewan.

drewan wrote: As a result of a failed ESA appeal (2oth November2013) following a medical assessment in March (Nil points) and a rejection of reconsideration in May, I am wondering whether to appeal to the Upper Tribunal.I was asking to be moved from the Job Seekers group to WRAG.

In the 9 months between March and November my physical position has largely resolved, but my mental problems have increased sharply (medication/Community Mental Team etc. )

As my circumstances have changed, I would like to know:

1) Is the relevant date for my medical condition March, May or November for the purposes of appeal?

2) if I appeal, will I still receive assessment rate ESA or will I have to apply afresh for JSA/ESA?

Any comments would be greatly appreciated, as it feels pretty lonely out here !!

Thanks a lot. Drewan.

Hi d,

1) The relevant date for your medical conditions with respect to any change/deterioration or fresh claim would be the date of the original adverse fit for work decision, which appears to be circa March 2013.

2) If you are referring to an appeal to The Upper Tier Tribunal, (if possible) then you will not receive any payment whilst an appeal to The UTT was ongoing.

An appeal to The UTT, and a fresh claim for ESA can run side by side, but would be two totally independent issues.

Have a read through this previous topic :

www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#114026

I think that you will find it helpful.

If not, please re-post to this topic with any further queries.

bro58