Is Tribunal only required to assess to 15 points?

Hi

AM I RIGHT TO UNDERSTAND THAT AN APPEAL TRIBUNAL MIGHT ONLY (OR IS ONLY REQUIRED) TO CONSIDER DESCRIPTORS UP TO 15 POINTS?

I ask because your extremely helpful guides indicate a number of other mental descriptors could apply in addition to 24 points (4 descriptors) the Tribunal awarded in my Appeal. Atos originally awarded me 6 points for 'memory and concentration'. The Tribunal had medical evidence of my mental health problems.

I also ask this because of the mess I ended up with on the 'physicals' descriptors.
1. All physical problems existed at the 1rst medical but the examiner reported I was absolutely fine and scored me 0 points.
2. I had no medical evidence for atos because my former doctor hadn't referred to me a neurologist then.
3. Since then, new doctor and neurologist diagnosed numerous issues in my arm, back, hip and leg as neurological (with ongoing neurological treatment) and or ongoing neuro tests and x-rays for remaining pain areas. None of these diagnosis were concluded by the Appeal hearing and I don’t recall being asked any questions by the Tribunal about them. I recall their focus being on my mental health.
So again, want to be sure whether the Tribunal are supposed to cover all possible descriptors or are they allowed to stop at 15/+ points, so that I know how to deal with them in the current ESA50/medical.

Many thanks
Julia

Modedit: Moved to Questions Forum. Gordon

They can stop at 15 points. The function of the tribunal is to determine whether you should have been awarded ESA, not how many points you should have been awarded.

Thank you.

OK, so is the right way to handle this in my current esa50 form to:-
1. Say what's been said in the previous post.
2. Answer the other mental descriptors with examples etc (ie. following your very helpful onlines guides to answer esa50 forms).
3. Give a chronology of the physicals with status of each now (ie. daignosed and treatment or work in progress at hospital) plus giving the medical evidence with the esa50, which then also shows that diagnosis known were known after last tribunal. Obviously answering the physical esa questions in same way as stated above.

Is this ok or should anything else?

Many thanks
Julia

Hi Julka

If a tribunal awarded you 24 points it usually means that they think you should score at least 24 points, as further points are immaterial to the outcome of the decision.

When you fill in the ESA50 using the guides to help you, you should address all descriptors physical and mental that you think apply, and provide any medical evidence you have to support your claim. If possible try to use recent medical evidence.

Regards

Derek