My wife is due to go before a tribunal for her ESA appeal. She scored 15 points from the descriptors but she does not have limited capability for work related activity. On the medical assessment form she put it varies in the mobility descriptor when she is in fact unable to walk 50 metres as she has CFS and it is getting worse. We have since written to the DWP and sent in evidence from her doctor and social work dept confirming this but they seem to be ignoring all this and going by what was written on the form. Although they were specifically asked not to they contacted my wife, they did and got her in to a terrible state. My wife explained that she can't leave the house on her own and on her best days can just about make it downstairs to the couch due to extreme exhaustion and joint pain. She was asked if the information on the form was a true reflection of her current health, and thinking she was being accused of lying on the form she said yes This is definitely not the case and we told them we would be happy to go for any assessment they deem fit. . She also has mental health problems and the stress she has had to endure is unbearable. They seem to have ignored the mental health descriptors completely. We have had hand rails and a bath seat fitted to our house but it cannot be adapted for her needs so we will have to be re-housed. She is down as a high priority for a disabled house in our area. She went for her appeal tribunal on Monday 07/10/13 but it had to be adjourned as the lift was broken and she couldn't get up the stairs (it was on the fourth floor). My question is will the tribunal take all the other evidence in to consideration or will they go by what was written on the form. The form was filled out in May and the call from DWP was on 02/07/13

they can only go off what was put on the ESA50 questionnaire when you made the original claim for ESA which would have been your wife's illnesses or disability's at that time they will look at .any evidence that you send into them providing its based on the illnesses that she put on her original ESA50 questionnaire any new or worsened illnesses will not be taken into account

Chronic fatigue syndrome and depression were put down on the original form. We have since sent letters from her GP, social work dept and a local disabled housing association stating that she cannot mobilize for 50 meters without extreme pain and exhaustion.She put on the form that she cannot go out own her own and has difficulty socializing with people but this has been completely ignored by the DWP I am worried because she put down in the mobility descriptor that it varies and she can take a short walk on the form that they will not consider the new evidence.

a short walk can be anywhere up to 50 meters if you explain this to them and give them some examples of how long she can walk for they will take this into account on the day the will only look at her conditions from what she has put on her original form though

you can argue what points you feel she should have been awarded and what conditions you feel she meets the criteria for. the tribunal is independent from the DWP and will only look at what she can and cant do based on how her condition's effect her on a daily basis and throughout the day

have you sent in all the old evidence from when she first applied for ESA?