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mummybet13 profile image
17 Replies

Morning all I have just been told tht when u attend ur ESA tribunal they nt interested in how ur condition has worsened.. only how it was when u filled in the form is this correct does anyone know pls? x

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mummybet13 profile image
mummybet13
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17 Replies

Hello mummybet, Yes this is true and it can be difficult to remember back that far, so it pays to take notes of what your condition was like when you applied before you forget. hugs sue

Ktatmolehole profile image
Ktatmolehole

That's right all the questions they ask are to do with when u put your initial claim in not how you are now. However at my tribunal the first question they asked was as your illness got worse, I then spent the rest of the tribunal answering ?'s about how I was when I applied to the tribunal. Hope that helps.

wolvesguy profile image
wolvesguy

Yes that is correct I've just recently had my ESA tribunal and I was surprised when they told me that what I was like when I filled the form in that was two years ago I struggled to remember but I managed and won my tribunal and got placed in the support group if you win your tribunal they backdate it to that date I wish you good luck in your tribunal sending you fluffies x

BB1975 profile image
BB1975

Hi,

I had to go to my ESA tribunal about 2 week's ago and was asked to answer the questions based on how I was at the time of my medical. They did ask if anything had changed but don't think this has any bearing on the outcome of the tribunal.

Wishing you lots of luck and hope it goes your way!

X

tezp2010 profile image
tezp2010

Hi yes that is true, I had my tribunal on Friday, and filled my for in last april time, failed my assessment in august, but they didn't notify me till the middle of November last year, a right mess up to be honest,

they told me that they could only take into consideration how I was when I went for my assessment and between then and being told of my failure to score enough points in November, they and citizens advice bureau told me that if my condition had worsened I would need to re-apply for esa.

to be honest its all down to what the judge and doctor are like on the day of your tribunal, mine were not that bad, just tried to keep tripping me up,

don't let them intimidate you, and try and take someone with you to sit with you for morale support as this helps, be prepared to tell them if you feel something they have said or that was said on your assessment is a lie or not right.

Hope this helps

Good luck and best wishes

tez

mgclassic profile image
mgclassic

Hi Mummybet I've just been 3wks and a day ago, the lady I saw asked how my different illnesses effected me day to day getting up getting dressed etc. She never mentioned how I'd filled my form in, My Diabetes had taken a turn for the worse, and I explained this by telling her why it spirrals out of control every so often. She noted it all this. They have a points system which is worked out via what you can do, its been changed to make it a lot harder. Say no you cannot do things, and explain it as if its your worst day ever. Be careful because how the question's are asked are confusing at times, and how your treated its actually against your human rights how they get away with it I do not know. I'm still waiting for the outcome of my assessment so still worrying constantly. I hope everything goes well and the outcome is in your favour. Good Luck

Kind Regards

MGX

Iampain profile image
Iampain

It pays to photocopy you ESA claim form before you send it in, and request that your medical be recorded, they don't like it, but unless they have changed the rules its your right, and makes it much harder for them to be "creative" in their reports!

Offcut profile image
Offcut

I am afraid it is true even if you send doctors notes that were from the day after your claim that shows it has worsened they will not take that into account as that is not what you have appealed against. I think it is called a "point of law" So if you lose that, then you, I think need to wait 6 months and then reapply with all your new evidence.

mummybet13 profile image
mummybet13

Thank you so much everyone u certainly r a kind bunch.. everyday is a constant battle for me worrying what will be the outcome.. especially when ur in so much pain all the time! Its nice to know there are people who care xx

Dexmar13 profile image
Dexmar13

I started on esa contributions in November I filled form in and not been seen by anyone yet is this the norm? And yes it's always best to keep a copy if any forms you send in x Jude

mylittlegem1 profile image
mylittlegem1 in reply toDexmar13

I started on ni contributions ESA start of Dec, still ain't seen anyone, although it says in the leaflets that they send ya that the first 13 weeks are the assessment stage, I thought by that that it would all be sorted in them 13 weeks, obviously not, guess I'll just struggle along on the £70 I get!!!!

Dexmar13 profile image
Dexmar13 in reply tomylittlegem1

I did ring me then and they said I will be seen at some point... If I get put in the support group I think you call it that!! You get another £30 a week so I wonder if they back date it from the 13wk were supposed to be assessed in. It's all to complicated and I'm waiting to here back from my ill health pension appeal no wonder we end up with so much pain the system is so stressful

Technically correct have you been to an advice centre for advice as I have not been involved in appeal's for a few years now

Jeff1958 profile image
Jeff1958

I have to fill in a new form from ATOS , im using a welfare officer that comes to our surgery to assist filling this form in , please , please don't let them beat you , they don't see us as patients , they see us as skivers , but the money they are saving they can increase the overseas budget , but you have my sympathy and any help I can assist in .

solowheelie profile image
solowheelie

yes this is true because you are contesting a decision that was made at that specific time

TheAuthor profile image
TheAuthor

Hi mummybet13

I sincerely hope that you are feeling as well as you possibly can be today? I have not personally undergone anything of this nature, but I have pasted below the FibroAction benefits information link:

fibroaction.org/Pages/Benef...

I want to wish you all the best of luck with your claim.

All my hopes and dreams for you

Ken x

Dorothy1952 profile image
Dorothy1952

Yes this is true it will be the first thing they tell you because there job is to determine if the examiner has judged your case wrongly good luck xx

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