Esa Tribunal awaited but now have clarification on my heart problem

I was refused Esa after atos medical although they new I was due to see consultant again within 2 weeks of the medical. Have now seen consultant and will receive invasive tests and treatment, however, underlying cause of ill health now clearer and am NOT fit to work. Appeal tribunal awaited as still refused esa on appeal. Can anyone tell me if this clarification can be used at my tribunal or if DWP can use the information now to place me in the appropriate group on ESA. Sorry its so long!

10 Replies

  • When claiming any benefit you have to notify them of any changes so I would let them know of this asap. :-)

  • I have done this but wondered if they can consider these "facts" as before it was pending investigation regarding health symptoms and effect, without the necessity of a tribunal now?

    Thanks zipitydoo

  • They might do. I would imagine it depends on how far down the tribunal line you are.

  • Thanks again Zipitydoo.

    I have only received a letter stating it is going to the external tribunal. I don't have a date or timescale or any other information????

  • If you have the information in writing from your consultant I would photocopy it and send them a copy. If not I would try to get hold of it in writing. Make sure you keep hold of a copy to bring it up at the tribunal if they dont.

  • Ok will do and thank you for your help.

  • Your welcome, let us know how you go on. :-)

  • I believe I have recently read somewhere that the ESA tribunal rules have been altered commencing this April, 2013. if you submit strong and conclusive medical evidence regarding your specific medical condition. the higher authorities at ATOS may reverse their original decision before a tribunal date has been submitted,thus re-instating your full benefit entitlements. Hope this applies to you and everyone else who experiences similar difficulties.

  • Thanks for this "ray of hope" DTEES. I have sent a copy of the letter from the surgeon to the tribunal. I will let you know what happens. Thanks.

  • No probs my friend. Hope all goes well for you. Good Luck.

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