Ten months for decision

Client with physical and mental health problems.  Received operation in March 2012.  Claimed ESA in April 2012.  Assessed in November 2012.  Decision to disallow Feb 2013 Tribunal hearing May 2013.  May still be able to argue for some points re mental health as this hasn’t changed since claim.  However, her physical condition improved during the ten months it took to make a decision.  Any ideas how to deal with this at tribunal where we consider the position at the time of the decision.  Seems unfair that she may have been awarded ESA if the the decision had been made timeously