what should I do?

I failed my medical for ESA with 9 points. I was on long term sick from work after spinal surgery. I appealed and am waiting for tribunal. Since then i have been finished on incapability grounds. Also, my condition has worsened, the surgery has possibly failed and i am now having more tests although I may have to accept the worsening symptoms as I cant face more surgery. My GP is just doing a letter of support which I intend sending to the appeal board. However,because I am now undergoing more tests, should I put in a new claim, or should I send evidence of the new tests to the appeal board. Incidentally, my 9 points were awarded for a different problem. I got no points for my spinal problems.

As your medical condition has worsened, you should certainly reclaim ESA immediately. As a consequence of a change in your circumstances, it is entirely possible to have both an ESA claim and appeal running concurrently.

On the question of sending further (medical) evidence to the appeal tribunal, it will no harm to do so especially if it relates to the time of your ESA work capability assessment. Furthermore, if you are required to have another WCA, you can use the evidence to support your claim for ESA.

Thanks for info. How do I go about it? I've tried ringing a couple of times today ( the o845 number) but keep getting engaged tone. I'm still being charged though because engaged tone is after I press "options". Can I apply online?

KatyKat, Please look at the ESA guides on this site, have you a Welfare Rights officer assissting you? or the CAB. Best Wishes

Hi Katykat

You can apply online or download a claim form. See

• Employment and Support Allowance - how to claim

for all your options.

Best wishes

Derek