- Posts: 84
× Members
ESA/PIP additional information
- bro58
8 years 8 months ago #140653 by bro58
Hi ttr64,
Yes, you need to keep the fit notes safe, and continue obtaining them to cover you !!
If your MR is unsuccessful, once the Tribunal have accepted your appeal, you can then present them to DWP and you should receive Assessment Rate ESA, and any premiums that you are entitled to, backdated from the date of the "fit for work" decision.
bro58
Replied by bro58 on topic ESA/PIP additional information
tedthered64 wrote: I was given a new 3 month fit note today and was about to post it when the DWP called me.
Am I right in assuming that I just keep hold of this for my records?
Hi ttr64,
Yes, you need to keep the fit notes safe, and continue obtaining them to cover you !!
If your MR is unsuccessful, once the Tribunal have accepted your appeal, you can then present them to DWP and you should receive Assessment Rate ESA, and any premiums that you are entitled to, backdated from the date of the "fit for work" decision.
bro58
Please Log in or Create an account to join the conversation.
- tedthered64
- Topic Author
- Offline
Less More
8 years 8 months ago #140843 by tedthered64
Replied by tedthered64 on topic ESA/PIP additional information
Hi all,
By way of update, requested madotory request today by phone, to be followed by post. Advised DWP I will be sending additional evidence.
Today I received decision makers letter and I am hoping one of the mods may be able to help me.
Like I expected it is full of lies from HP but I am dealing with that matter separately, for the purposes of the recobsideration I am sticking to clarifying the points on how I should have scored 15 points on 2 physical descriptors.
My GP is supplying another letter of support.
In the letter from the decision maker the HP as omitted to list avascular necrosis in my list of conditions, although he as listed other secondary conditions and he makes no mention of this condition throughout the whole of his report.
Dies this invalidate his report?
My question is this, on my first fit note in June my reason for being unfit for work is avascular necrosis!
On the 14/9/2015 my GP again put on my fit note reason for being unfit for work is avascular necrosis as this is the condition that is causing me major problems and the reasons I fit the physical descriptors.
How can he have provided a proper and objective assessment of me, if he as not taken into consideration my predominant disability?
Surely I can do something about this?
The avascular necprosis and its disabling affects is the reason I am applying for ESA?
By way of update, requested madotory request today by phone, to be followed by post. Advised DWP I will be sending additional evidence.
Today I received decision makers letter and I am hoping one of the mods may be able to help me.
Like I expected it is full of lies from HP but I am dealing with that matter separately, for the purposes of the recobsideration I am sticking to clarifying the points on how I should have scored 15 points on 2 physical descriptors.
My GP is supplying another letter of support.
In the letter from the decision maker the HP as omitted to list avascular necrosis in my list of conditions, although he as listed other secondary conditions and he makes no mention of this condition throughout the whole of his report.
Dies this invalidate his report?
My question is this, on my first fit note in June my reason for being unfit for work is avascular necrosis!
On the 14/9/2015 my GP again put on my fit note reason for being unfit for work is avascular necrosis as this is the condition that is causing me major problems and the reasons I fit the physical descriptors.
How can he have provided a proper and objective assessment of me, if he as not taken into consideration my predominant disability?
Surely I can do something about this?
The avascular necprosis and its disabling affects is the reason I am applying for ESA?
Please Log in or Create an account to join the conversation.
- tedthered64
- Topic Author
- Offline
Less More
- Posts: 84
8 years 8 months ago #140847 by tedthered64
Replied by tedthered64 on topic ESA/PIP additional information
Sorry about the typos, was quite angry typing it up!
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
8 years 8 months ago #140849 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA/PIP additional information
Ted
The assessor missing your primary condition is I am afraid not reason to have the report thrown out, you are being assessed on the effects that your condition has on you, not the condition itself. I realise that I am close to splitting a hair on this, because the reality is as we all know that the two are mutually dependant, however, you need to be aware that getting the report invalidated will at best result in a new report being commissioned and possibly even a new assessment.
To be clear, I am not saying that you should not challenge the Decision Maker about this matter, you should, but you need to be aware that the Decision Maker is not medically trained and you will need to directly attach your limitations to this condition, you may have done this already in and with your form, but it is likely that you will still need to lead the DM to the right conclusion.
The fact that you scored nil points suggests that your ESA50 was deficient in some way, this may just be a case of you explaining your problems poorly, but it could be that you have not addressed all of the elements in each Descriptor, missing just one element would mean that you would not score points.
I know that we keep, repeating this, but the way to an award is to show that you meet the criteria, if you have not already so, you need to request a copy of the ESA85 from your assessment, this will allow you to see in detail what the assessor has said and how they have justified their recommendation.
Once you have the report, go through it with your claim form and the guides to see where you can improve or correct your submission to address each of the issues raised.
Gordon
The assessor missing your primary condition is I am afraid not reason to have the report thrown out, you are being assessed on the effects that your condition has on you, not the condition itself. I realise that I am close to splitting a hair on this, because the reality is as we all know that the two are mutually dependant, however, you need to be aware that getting the report invalidated will at best result in a new report being commissioned and possibly even a new assessment.
To be clear, I am not saying that you should not challenge the Decision Maker about this matter, you should, but you need to be aware that the Decision Maker is not medically trained and you will need to directly attach your limitations to this condition, you may have done this already in and with your form, but it is likely that you will still need to lead the DM to the right conclusion.
The fact that you scored nil points suggests that your ESA50 was deficient in some way, this may just be a case of you explaining your problems poorly, but it could be that you have not addressed all of the elements in each Descriptor, missing just one element would mean that you would not score points.
I know that we keep, repeating this, but the way to an award is to show that you meet the criteria, if you have not already so, you need to request a copy of the ESA85 from your assessment, this will allow you to see in detail what the assessor has said and how they have justified their recommendation.
Once you have the report, go through it with your claim form and the guides to see where you can improve or correct your submission to address each of the issues raised.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: tedthered64
Please Log in or Create an account to join the conversation.
- tedthered64
- Topic Author
- Offline
Less More
- Posts: 84
8 years 8 months ago #140851 by tedthered64
Replied by tedthered64 on topic ESA/PIP additional information
Hi Gordon,
I have basically followed everything that you have advised in your last post.
I think my original application could have been a bit better to be honest.
I have however made sure that the reconsideration request is far more detailed.
Thank you
Ted
I have basically followed everything that you have advised in your last post.
I think my original application could have been a bit better to be honest.
I have however made sure that the reconsideration request is far more detailed.
Thank you
Ted
Please Log in or Create an account to join the conversation.
- tedthered64
- Topic Author
- Offline
Less More
- Posts: 84
8 years 7 months ago #141001 by tedthered64
Replied by tedthered64 on topic ESA/PIP additional information
Just a quick question, if someone is awarded high rate pip for both daily living and mobility yet just 2 weeks later recieve 0 points in an ESA assessment, is this worth a mention on a madotory reconsideration request?
Regards
Regards
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris