appel won but 6mt later failed medical again!!

i recetly won my e.s.a appeal in jan 2010,had recieved nil points, then cameout appel with 26.again in july was called up for another medical,recieved letter stating i got nil points.my condtion has not changed,if anything i am totally stressed right out,i,m appealing again.i hae been on the sick for twenty yr due to bad deppression and drug add.i also had to go through a apeal in march 2008,again came outthe appeal wiht 29points,although it was a other city.is,nt there a time limit on thes medicals as after all i only just got put into the work related group,i,m at my wits end,doc is still giving me sick lines as i have to send in while iappeal probaly have to wait another 10mth,can any one help,its making me ill all this.thanks,chic0141 g31.

hi cstewart

did you ask the DWP how they came to giving you zero points?

ask they to look at your case again and

also, even though you won your appeal, did you ask for a staitment of reasons? it will say how they gave you 26 points. send a copy to the DWP when you ask them to look at your case again

The situation you have encountered is not uncommon.

A number of members have posted in the forum having been called in for a further medical assessment, shortly after winning their ESA appeal. However, if my memory serves me correctly I think this is the first post where having scored zero points on a claim to ESA, and then securing 26 points at an appeal tribunal, only to be reduced to zero points again at a further medical assessment.

The situation as described really exposes one of the many inefficiencies of ESA. Unfortunately you have no other option to appeal the adverse decision as you have done yet again, as there is nothing within the regulations which prevents the WCA being initiated at any time.

From a positive point of view, and I appreciate it is of little comfort to you at this present time, you can produce the results of the last appeal hearing which elevated you from zero to 26 points as evidence. If you argue that your condition has not changed from your last assessment or has deteriorated in the interim period, this may form the basis of the appeal.

If you haven't done so already, it may be worthwhile obtaining some medical evidence which supports your appeal. However, it will need to relate to the date when your subsequent ESA claim was disallowed. Furthermore, any evidence you give directly to the tribunal is equally as important as many appeals are won, (as may have been the case with your previous appeal), on the basis of what the appellant tells the tribunal at the oral hearing on the day.

I don't know if you were represented at your previous appeal hearing, but the use of a representative is always an option open to you?

thanx 4 your your help,i am planning to writ a letter statng my queries as to why i again have been took off mye.s.a.i would also like to say that i get the low rates of dla.i also have just found the lettr which my dr wrote last year this time for my tribunal,i am also going to se my lawyer on monday to find out how i got 26points in jan,i recently,last week explained to my dr what has happened,as i do plan to give my lawyer permission to write to him again.he also has just gave me a line for 11wks.ihave had bad deppression for 20 odd yr and recieve medication as well as being a drug addict who has been on it daily for 22years.