Many Thanks for your very prompt and most helpfull reply it has put my mind at ease, Thanks

Hi All I am currently in receipt of ESA at the assessment rate having appealled the decision regarding my medical for the 2nd time, the first appeall took a year to be heard. At present my payment centre is Bolton but i am in a very difficult situation my Mother has cancer of the pancreas and the prognosis is very poor and she is not exspected to go beyond 5 to 8 months. She lives in Weymouth which is on the South Coast some 300 miles away and obviously i wish to be closer and help both my mother and father through a very difficult time (My Father is also in poor health) My question is that having been through one appeal and now awaitng another having been on ESA since August 2009 signed off as unfit for work if i move to the South will i have to repeat the whole process again or can everything which currently exists for my current ESA/Appeal be transferred to the relevant payment office. Any advice would be most appreciated. Many Thanks Steve R.

Hi This would be the most appropriate place for my long quest for ESA ! I will be brief ! On 20th October 2009 lodged my appeal for failing the medical assesment only obtaining 12 of the 15 points required for Osteoarthritis of the left and right hips, Osteoarthritis of the left elbow with all the normal complications. during the last 11 months i have undergone 3 surgical procedures to rectify or attempt to rectify the problems with my left arm, No benefit gained in fact the condition became worse told to forward consultants, doctors letters to DWP (recorded) eventually an acknowledgement would be forthcoming from Tribunal Service "We have received furthre evidence for your appeall blah blah blah" Hips cannot have any Ops until arm is sorted! anyway further xray examinations of both hips consultants letter quote " There is significant progression of Osteoarthritis of both right and left hips with shortening of the bone from images taken in April 2009 to June 2010 the patient cannot walk more than 50mtrs without severe pain/discomfort and needs to rest/sit down". Once again forwarded letters from consultants/Doctors to DWP and in due course acknowledged by Tribunal Service. On the 10th September 2010 after a 20 minute hearing my appeal was disallowed i was not suprised as what i was told at the start of the hearing was repeated when giving his decision. " We are agreed that your condition has become worse but we can only consider the evidence that was availble on the date of the Appeal and the medical assesment prior to that date, on that basis your appeal is disallowed thankyou for attending!!!!!!!!!!!!!!!!!!!!!! Ok so due to my own ignorance i failed to see the paragraph that states that if the condition becomes worse i can lodge a further claim for ESA while an appeal is pending however i understand that by doing that would have presented even more complications. Why cant a Tribunal in such cases be allowed some discretion when presentd with the obvious! Anyway my next question by way of a recorded letter to DWP what happens to all of the evidence provided since the date of the Appeal ie 20th October 2009 to date surely it cannot be discounted. That was of course a week ago and imagine my surprise on the 17th September when my ESA at the assesment rate was still paid. Digging a bit deeper i am led to understand that due to the length of time from the date of the Appeal to Tribunal 11 months a DM (Decision Maker) has to decide do i now in fact have LCW i wait with baited breath for a letter to appear from DWP letting mre just what is going on. I will keep all informed as to a result and if required my subsequent reclaim for ESA.

Hi the way i understand the process is that although the Tribunal can make a decision as to what you group you are in they cannot enforce it!!!!!!!!!! there is a memo knocking around which will still allow a DM (decision maker) to ask for a statement of reasons from the Tribunal panel to decide on what group you are in. Glad you have given them a black eye.