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Thread: ESA. Medical after tribunal

  1. #1

    ESA. Medical after tribunal

    Hello. I was awarded 0 points at ESA medical assessment centre took it to tribunal and was awarded ESA for 2 years I now have the dreaded form to fill again and I am dreading having to go back through this after the way it happened last time. Can I get some advice on filling this form and is there possibly some advice on how to supply everything they need in the slimmest hope of not having to go to the face to face again..

    Can I use the paperwork from the last time and just prove my medical condition has not improved since I saw the judge.
    I am very worried they will lie again and i will have this huge fight so all advice welcomed.

  2. #2
    Senior Member nukecad's Avatar
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    The first thing that stands out from your post is that you call it a "medical" assessment, and then question about showing your medical condition hasn't changed.
    Which makes me think that you may be making the mistake of believing that this is a medical assessment and all/only about your diagnosed condition.
    It may also explain why you had a problem last time until you went to tribunal and explained more.

    It is not a 'medical' - It is a WORK CAPABILITY ASSESSMENT.

    I would read what the uni law centre sent to the tribunal for you last time, if you still have it.
    That will show you what works, it worked last time after all.

    The first thing that you should try and get your head around is that the ESA capability assessment is not a medical.
    This is a common mistake that people make.
    Yes, we know that the term 'medical' is often used but it is not what is being assesed.

    What is being assesed is how your condition affects your ability to do work of any kind.
    Your particular condition is not important in this process, how it affects you functioning is all that counts.

    Whilst doctors and specialist reports can support your case they will not make your case on their own.

    You need to show, using the descriptors that they work to, that whatever your particular condition is you are not capable of working at the moment.
    The questions asked on the form are designed to get your answer so they can judge it against the descriptors.

    The first set of descriptors score points and you need to score a total of 15 to be found to have Limited Capability for Work (Work Related Activites Group).

    The second set don't score points and you need to satisfy just one to be found to have Limited Capability for Work Related Activities (Support Group).

    There are also 2 special regulations (regs 29 & 35) that can qualify you for ESA if there would be 'substantial' risk of harm to yourself or others if you were found not to qualify.

    You can find the descriptors and the points they score here: (This is the ESA legislation, the law).
    http://www.legislation.gov.uk/uksi/2..._310515_en.pdf
    The descriptors and point scored for each catagory can be found starting at page 129.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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