ESA tribunal

After being declared by ATOS 'fit to work' last October (I have ME) my ESA appeal tribunal will now be in the next 3 months, I am told.

Having given up (freelance) work as a result, I do feel marginally better without the stress of having to go to work, but I know if I had to work I would get exhausted & ill again. I am also still having treatment from an ME clinic.

As the panel have to decide on my status as of last October, does it matter how I am on the day of tribunal? I still have the odd day where my unrefreshing sleep has me housebound in PJs all day....

Juls

Hi justjuls

This may sound contradictory but although tribunals have to focus on your health at the time of the decision appealed and cannot take into consideration circumstances arising after the decision, they are entitled to make observations of you at the hearing. I was credited for having good concentration at my hearing even though it was a year after the decision. So my answer to your question is that it shouldn't matter, but it does!

For disabilities that are static and do not change it will be less relevant, but if a particular problem has improved since the decision it may be worth mentioning to the tribunal that it was worse at the time of the decision than it is now.

Good luck

Derek

Derek4 wrote:

This may sound contradictory but although tribunals have to focus on your health at the time of the decision appealed and cannot take into consideration circumstances arising after the decision, they are entitled to make observations of you at the hearing. I was credited for having good concentration at my hearing even though it was a year after the decision. So my answer to your question is that it shouldn't matter, but it does!

Hi Derek,

Well observed and a very moot point indeed!

Was this the appeal that proceeded to the UT, and if so, did you include this as a ground of appeal contrary to the Social Security Act 1998, section (12)(8)(b)?

Regards,

CD

No, CD, I have never been in this position before, and hope sincerely NOT to have to proceed to Upper Tribunal as I am representing myself, with the help of B&Work!
However I am still not clear whether it is in my interest to be having a 'good day' so I can think clearly or a 'bad day' to show how ill I can be!
JJ