Existing health condition not reported by client

Client has appeal coming up. She is anaemic but did not report this in her ESA50 and it was not discussed in the medical assessment (although both contain references to client taking iron supplements). Fatigue due to anaemia is one of the reasons client has difficulties walking.

DWP submission suggests that as client has not reported this condition prior to the LCW decision it has to be treated as a new condition and cannot be considered for the purposes of client’s appeal.

Is this correct? Does this also mean that the fatigue that the client experiences should be ignored?

Thanks!

No - it’s how she was at the date of the decision that counts. And you can provide evidence now so long as it relates to how she was at the date of decision - see CE/2419/2012 - summary here http://www.rightsnet.org.uk/welfare-rights/caselaw/item/failure-of-tribunal-to-properly-consider-claimants-medical-evidence-bias-in

decision here - http://www.osscsc.gov.uk/Aspx/view.aspx?id=3804

and you could argue the HCP should have asked why she was on iron tablets

Daphne - 10 April 2015 11:52 AM

No - it’s how she was at the date of the decision that counts. And you can provide evidence now so long as it relates to how she was at the date of decision - see CE/2419/2012 - summary here http://www.rightsnet.org.uk/welfare-rights/caselaw/item/failure-of-tribunal-to-properly-consider-claimants-medical-evidence-bias-in

decision here - http://www.osscsc.gov.uk/Aspx/view.aspx?id=3804

and you could argue the HCP should have asked why she was on iron tablets

Just to ad to this, a patient profile or patient print out friom the GP should show the diagnosis of anaemia and the results of the blood tests used for the diagnosis. These are usually much quicker , cheaper and easier to get that reports from GPs