appeal advice please!

Hi I have received appeal date 18/10/10. with note to ask for any further evidence to be sent in 1 week before hand .I received 6 points for a hand disabilty but had back op as well ( no points) and am signed of with sciatica. my doctor is fully supportive. what can i do to help myself with this, I do want to work and tried a job 3 weeks ago for 2 days ,out of frustration and failed with "back" issues had rapid re-instatement to ESA, the help i need is in the support group , but how do i get my position across at the tribunal! should i send i a prior statement with all my problems on it , will that help, the doctor who did the ESA exam helped my stand up with some of the tests and allowed me to hold on to a table to get through some others, i also had told him i had to take 3 tramadol just to get there and felt not in control / woozy! any advice please!.

You may find it helpful to look at the guide to ESA appeals in the members' section (via the homepage) which goes into some detail about what you may wish to include with your appeal papers, including suggestions about medical evidence.

thanks for I that I have had a look , I just wondered if critisising the doctors methods etc would go down well! would a letter from my doc help! about how he feels about what work i could do, JSA have not got the set skills to help me they have told me that. many thanks.

Hi Rappa

I think you should challenge the medical report wherever appropriate, and if necessary the doctors methods if there is anything significant that he or she did wrong at the medical.

Some appellants make the mistake of challenging the doctor's integrity or competence, which I don't think is likely to persuade a tribunal. It is far better to just focus on the medical report in question, and all its flaws.

I think you should read page 10 of the ESA physical health guide regarding exceptional circumstances (substantial risk). As you tried to work three weeks ago and only managed two days, consider whether or not your health would have suffered if you were forced to continue working. If so, it is well worth making this case to the tribunal.

As you have a fully supportive doctor, any evidence your doctor can provide regarding the problems you are likely to face if working should be helpful.

Best of luck

Derek