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Thread: ESA tribunal question

  1. #1
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    ESA tribunal question

    I had my esa assessment last November and failed - i stated i suffer from mental health problems but they said they cannot be serious as not under CMHT. But my Gp referred me to the CMHT last August and only had my assessment in March (waiting lists) .

    Could i send my care plan to the tribunal as supporting evidence or not because it was carried out 5 months after assessment? but it is also supporting evidence for something wrote on claim form.

  2. #2
    Senior Member nukecad's Avatar
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    I would send the tribunal anything new that you have. (I think I'd send it to the DWP as well, you never know they might change their minds before tribunal once they see it).

    The tribunal can (should) only consider how things were on the day of the assessment, but later evidence can back up what was said on that day so is still relevent.

    In your case I would say that it shows that you should have been under CMHT at the time of your assessment, but were on a waiting list.

    Just because it wasn't done till 5 months after the ESA assessment doesn't mean the CMHT findings didn't apply at the time of the ESA assessment, only that they hadn't been formally recognised by CMHT at that time. (You might want to say something like that when you send it in).

    Of course I'm not the tribunal, but they do tend to be more sensible than the DWP.
    Last edited by nukecad; 03-07-18 at 16:13.
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  3. #3
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    If you've already heard back from the Tribunal Service don't send anything to the DWP, everything now has to go through the TS and they will ensure the DWP gets copied in. So send a copy of the Care Plan together with a short note explaining this intervention was requested by you're GP 4 months before the assessment where you were found 'fit for work'.

    Remember to send only a copy of the Care Plan and keep the original safe, also don't be surprised to hear back that your Appeal has been 'Lapsed' - because the DWP have made an award.

    Best of luck with it.

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