Employment and Support Allowance (ESA)
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Appeal court conditions

Had my court apeal the other day I was told before I went in that my medical conditions could only count up to my assessment last September. Was very surprised that they showed a lot of interest and questions regarding my holiday 2 weeks ago. Also is there a reason that disabled people are not allowed to holiday. And how they can question 2 weeks ago but I can't use medical evidence from 6 months ago ?


  • mikehughescqmikehughescq Member Posts: 6,623 Disability Gamechanger
    A tribunal can look at evidence up to the date of claim but also anything which post dates that but which is suggestive of your abilities at that time e.g. a medical report written 3 months after your claim, but which clearly talks about seeing you over a year. So, you can use evidence from 6 months ago but if it didn’t explicitly reference last September or is from someone who’d not seen you at that point then it’s not really relevant.

    The holiday question is quite brilliant. 

    You say you have difficulty with mobility but you go through 2 airports without using anything like an airport wheelchair etc.

    You say you have trouble with engaging; communicating or in crowds. Then you go on two aircraft. 

    You say you need specialists aids and appliances but you didn’t book any for your hotel, cruise etc.

    And so on. One question well asked can deal with a heck of a lot of stuff for a tribunal who have 20 to 40 minutes to get to know you; hear your case and make a decision. 
  • pigeon55pigeon55 Member Posts: 116 Courageous
    Sorry to think you took it as I had traveld by plane I haven't flown for over 40 yrs every hotel I stayed in we were on the ground floor pre booked with car parking on site. All with disability needs. My wife is entitled to her annual works full time in the NHS why should she be penalised for my disability. Is it a crime for a disabled people to go on holiday. Was trying to point out the usual one rule for the dwp and another for the long suffering disabled. 
  • mikehughescqmikehughescq Member Posts: 6,623 Disability Gamechanger
    Nobody is saying there’s anything wrong with having a holiday. The point was that it’s a great question to pull out answers salient to several points scoring activities at once. Nothing wrong with that at all. 
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