Fibromyalgia Action UK
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dwp using old esa50 form for reason of decision for my tribunal and not new esa50 form? what happens then?

they had received new esa50 form as when i phoned them i discovered they had had my new than the old one when i stupidly said i could not walk 100 metres this is one of their reasons for my appeal new one i have said 30 metres as was examined by a court doctor last year and who stated this in his form , the dwp must of been sitting on my new esa medical form and they didnt want me to see it, it i asked for a copy of it it said 18 month , no medical needed wrag group no money as ran out last april, so they had a copy of that report which is more in my favour and up turns a lot of dwp reasons for their decision for my tribunal for support group, can they change their reasons or do they have to stay with their reasons on tribunal paper ???


2 Replies

I had trouble with mine last year I applied for a change as I am a lot worse than 10yes ago when I first applied. In my refusal letter I realised by the comments that they had not read my new claim but gone off the old one. I rang and asked for a re..... I can't remember but it's what you can ask for before a Tribunal ,ohhhh a re consider, which means your file goes to someone else for a decision. I was soooo glad I did a few weeks later I got both care and mobility DLA only for 2yrs but its a start.


The DWP can use the old medical forms for extended periods of time. I had a customer who had a medical 3 years ago and they used that one. I subsequently appealed on behalf of my client and they over turned the decision 2 days b4 the appeal hearing so it is well worth appealing.

Liam Carter

Senior Case Manager

(T) 0800 043 1781 (F) 0800 043 1781

We work on a referral basis. If you are happy with what we have done for you, we ask if you would please tell your friends and family about us and also any disability forums that you are a member of. Thank you.


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