Help with ESA Tribunal

Hi everyone longish story not sure what to do. I have cfs me.I filled in my ESa50 form in Jan 2009.At the time i was having more good days than bad and filled the form in on what i could do on good days.I did however wright in the additional columns that if i walked to far or did not have days of rest i would go ill for days and weeks.I had my medical in May 2009.I failed the medical with zero points.I made an appeal and also failed. Some time later i got the Bundle with the secretary of states response.This was the first time i saw what the Atos doctor had which was not all the detaild info i had given him plus he had made a whole lot of it up.Anyway at the time i was improving and thought i would be back at work full time before having to go to the tribunal so tried to forget bout everything.I did manage to get back doing just eight Hours a week unpaid. However my symptons flared up and i have been unwell since and have not worked since. However my employer has still got my job open for me to come back.
I have a tribunal date for first week next month.so you can see this has been going on for some time.
My situation is now very different from when i filled in the ESA50 form.I think i understand the tribunal will only assess me on how i was 2 years ago which seems a little silly.
I have read if your circumstances change you can contact the DWP and make a fresh claim. Can you do this and will that excuse me from going to the tribunal.
Thanks for staying with me i would appreciate any help Thanks.

Hi ak

Don't forget that if your appeal is successful you will receive a back payment for the last two years, so it's well worth attending even if you make a fresh claim.

Good luck

Derek

Hi because i appealed against the medical results and said i would go to a tribunal they have kept paying me on ESA for the last two years.
My cfs/me is a lot worse now than then.If i fail the tribunal will they put me on JSA which two problems my health would not allow me to seek work and where it gets confusing i have a job that my employer has kept open for me but will not have me back till my health is good enough to do a phased return to work.

So if i failed the tribunal can i re apply for ESA.
Or if i tell the DWP my circumstances have changed would they cancel the tribunal and start all over again with filling in a new medical form.

Hi ak

If your appeal is dismissed you can reclaim ESA, or as already mentioned you can make a fresh claim now.

The appeal tribunal is a court of law to which you and the DWP are party to the proceedings. The DWP do not have the power to cancel your hearing.

Making a new claim will result in an ESA50 and medical but it will not affect your tribunal hearing.

Hope this helps

Derek

The best advice is that you visit an advice centre / CAB and get some expert hands on help to deal with all this