No prior ESA50 or ESA85 in appeal papers

I was recently told by the local JC+ office that it was standard practice that prior copies of ESA50 and ESA85 are not included in appeal papers where are claimant has their previously successful claim looked at again under the work capability assessment.

It was customary to have the prior IB50 and IB85 reports in Incapacity Benefit cases. This not only assisted us but also surely assisted the tribunal in assessing whether there had really been a change of circumstances or if it was just an (unlucky) difference of medical opinion from ATOS. I would have thought that the Tribunals Service would also want to see the prior assessments in ESA cases and that to not include these could perhaps lead to otherwise avoidable adjournments.

Any thoughts on this?

Or, of course, lots of appeals being upheld because no change of circumstances had been shown…

Isn’t the change of circumstance argument out of the window?

With Regulation 34 (4) and (5)(c)?

If your 3months is up its time to start again as I understand it.

On the previous tests however, the DWP in our experience will provide copies of the papers if requested.

I personally send a submission to the TS for a direction to be issued. I’ve not seen a direction stating that the papers must be included. The direction usually requests a reply on the matter from the DWP, which comes in the form of the previous ESA 50 & 85.

My memory may be failing me, but I seem to remember Incapacity Benefit appeal papers only started including previous PCAs once a Commissioner had said they should, in some old decision or other.

Perhaps the DWP are assuming that everything is different now, as my colleague Mr Birks has evidenced above, perhaps until an UT Judge considers the issue?

I remember a quite recent ddecision that stated where avialiable medical notes of previous medicals should be made accessable to tribunals.Problem is i did not make a note of it. Any offers?

In one of our recent ESA appeals the judge adjourned and directed that the previous medical examination be produced, we are waiting for the SoS response to this direction.