Just to give you an update after the kind advice you gave me before I went for my interview a few weeks ago. I have retained my ESA, but not in the support Group. Fine for the moment and I know that appealing risks losing everything. So thanks for the help - and one more question...
Can a Tribunal take into account the ruling of a previous Tribunal when making its' decision? I did attach the tribunal's decision to my latest application to try and make it admissible if I had to go down the same route again. Or do Tribunals often find in different ways for the same claimant in the same circumstances?
Tribunals have to consider your health at the time of the decision appealed and they have to draw their own conclusions.
When an appellant claims that there has been no changed in condition since their previous assessment a tribunal should be looking that the previous medical report. I see nothing wrong with placing the previous tribunal's statement of reasons in front of the present tribunal but they can choose whether to take it into account or reject it as being out of date. Ultimately they are entitled to make their own decision.
Thanks Derek. I thought that might be the answer. Will not try an appeal this time as it's clearly a risky business. But wanted to plan for the future. This will run and run (unlike me. Not too good at running!).
