What are the chances... second ESA appeal

My ESA has just been withdrawn after I failed a medical for ESA review (0 points). After my first claim to ESA 2 years ago I appealed and won (21 points). I have been disabled since birth with mild-moderate Cerebral Palsy. Now in my fifties the affect on my left side is prominent and undeniable. My limbs are stiff and very painful and I doubt whether I would be capable of working again, partly because of the pain and side affects of the strong medication I need to take.

When I submit an appeal will the DWP consider the evidence from my earlier appeal and the decision from the tribunal? or will I need to go through the whole process again?. Will I need to find a representative? There isn't any more evidence to submit with an appeal than the DWP already hold. The situation has me very upset & stressed as I feel the DWP has wiped out my earlier claim/appeal. Why does common sense not prevail? The stress/time/cost involved in another appeal seems crazy.

Hi BeaBea

The tribunal's previous decision will be out of date and not hold much weight, but if you feel that your condition has not improved since then, there is no harm in submitting the tribunal's decision notice as evidence, supplemented with more up-to-date medical evidence and confirmation that your condition has not improved.

Obtaining representation is a good idea if you can find it. The DWP are not very good at holding information so when you appeal it's important to make sure that the information is in the appeal papers and up-to-date, and if necessary provide it yourself.

I'm afraid common sense does not prevail because the DWP does not have any common sense.

Good luck

Derek

Hi,

I'm afrid the DWP are unlikely to consier evidence from an earlier appeal, though there's nothing to stop you submitting copies so that it's in the bundle for your next hearing.

Given the serious nature of your condition you may wish to contact your MP and make their life a bit of a misery if they are not prepared to contact the DWP and ask why you are being forced to go through this again.

Good luck,

Steve