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Supporting Letter tactics
- MECFSrecovery
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11 years 3 months ago - 11 years 3 months ago #97778 by MECFSrecovery
Supporting Letter tactics was created by MECFSrecovery
Im appealing over ESA having been found fit for work. Ive had CFS for 8 years and have not had this problem before.
Im have a letter from my GP. We discussed my appeal and I mentioned that there were a few descriptors I think my case is relevant and that I should score points on. She wrote me a very good letter however Im now concerned that her mentioning things that are relevant - such as being able to do things 'reliably and repeatedly', and that she thinks I should score points on this, and that I cannot mobilise 200meters - is this too specific - and will they write it off thinking that we have colluded too closely? Or is this just sensible, and an example of her knowing the rules and how the system works?
I also am in th eprocess of discussing with my private healthcare practitioner them writing a letter - and now I am confused the best way to approach it - whether they keep it general - or if its better they actually state that I am not well enough to carry out certain descriptors...
Any advice very welcome - thanks
Im have a letter from my GP. We discussed my appeal and I mentioned that there were a few descriptors I think my case is relevant and that I should score points on. She wrote me a very good letter however Im now concerned that her mentioning things that are relevant - such as being able to do things 'reliably and repeatedly', and that she thinks I should score points on this, and that I cannot mobilise 200meters - is this too specific - and will they write it off thinking that we have colluded too closely? Or is this just sensible, and an example of her knowing the rules and how the system works?
I also am in th eprocess of discussing with my private healthcare practitioner them writing a letter - and now I am confused the best way to approach it - whether they keep it general - or if its better they actually state that I am not well enough to carry out certain descriptors...
Any advice very welcome - thanks
Last edit: 11 years 3 months ago by Gordon.
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11 years 3 months ago #97788 by Gordon
As a rule, generalisation in regard to ESA are of little value, for example, your GP saying you are not Fit for Work, will not result in you being placed in the WRAG, so your GP referencing the Descriptors should not be a problem, and may in fact be to your advantage.
In a similar vein, if the letter from your PCP can also reference the descriptors, then this would be of value, one suggestion, in addition to getting a letter, is to ask the doctor to indicate the descriptors that apply, you could provide them with a list of the descriptors, I would suggest that you do not include the points they score, perhaps replaced by a tick box.
I hope this helps.
Gordo
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Supporting Letter tactics
MECFSrecovery wrote: Im appealing over ESA having been found fit for work. Ive had CFS for 8 years and have not had this problem before.
Im have a letter from my GP. We discussed my appeal and I mentioned that there were a few descriptors I think my case is relevant and that I should score points on. She wrote me a very good letter however Im now concerned that her mentioning things that are relevant - such as being able to do things 'reliably and repeatedly', and that she thinks I should score points on this, and that I cannot mobilise 200meters - is this too specific - and will they write it off thinking that we have colluded too closely? Or is this just sensible, and an example of her knowing the rules and how the system works?
I also am in th eprocess of discussing with my private healthcare practitioner them writing a letter - and now I am confused the best way to approach it - whether they keep it general - or if its better they actually state that I am not well enough to carry out certain descriptors...
Any advice very welcome - thanks
As a rule, generalisation in regard to ESA are of little value, for example, your GP saying you are not Fit for Work, will not result in you being placed in the WRAG, so your GP referencing the Descriptors should not be a problem, and may in fact be to your advantage.
In a similar vein, if the letter from your PCP can also reference the descriptors, then this would be of value, one suggestion, in addition to getting a letter, is to ask the doctor to indicate the descriptors that apply, you could provide them with a list of the descriptors, I would suggest that you do not include the points they score, perhaps replaced by a tick box.
I hope this helps.
Gordo
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MECFSrecovery
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11 years 3 months ago - 11 years 3 months ago #97803 by MECFSrecovery
Replied by MECFSrecovery on topic Supporting Letter tactics
hi Gordo - thats great thanks it clarifies things a bit
I re read my letter from my GP and she says
"I am unsure why X scored no points" - as I told her they scored me 0 having previous passed each time.
She continues to describe the descriptors that apply.
She concludes that whilst there can be recovery and improvement over time - she feels I do score enough points at this time to qualify for ESA.
Is this an acceptable level of opinion?
I re read my letter from my GP and she says
"I am unsure why X scored no points" - as I told her they scored me 0 having previous passed each time.
She continues to describe the descriptors that apply.
She concludes that whilst there can be recovery and improvement over time - she feels I do score enough points at this time to qualify for ESA.
Is this an acceptable level of opinion?
Last edit: 11 years 3 months ago by Gordon.
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11 years 3 months ago - 11 years 3 months ago #97806 by Gordon
You say that you have been assessed before, was this for ESA or another benefit and when were you last assessed?
If it was for IB, SDA, or IS due to incapacity then obviously the criteria are different, and therefore referring to a previous assessment (on another benefit) may not be of assistance.
If you were previously assessed for ESA, then it is worth checking whether the Descriptors you were successful under were those in force prior to March 2011, for example; before 03/11 the test was of your ability to walk, whereas afterwards it was your ability to mobilise, which includes whether you can propel a manual wheelchair as weel as walk. The important thing is to make sure you are comparing apples with apples, if you will forgive the analogy.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Supporting Letter tactics
MECFSrecovery wrote: hi Gordo - thats great thanks it clarifies things a bit
I re read my letter from my GP and she says
"I am unsure why X scored no points" - as I told her they scored me 0 having previous passed each time.
She continues to describe the descriptors that apply.
She concludes that whilst there can be recovery and improvement over time - she feels I do score enough points at this time to qualify for ESA.
Is this an acceptable level of opinion?
You say that you have been assessed before, was this for ESA or another benefit and when were you last assessed?
If it was for IB, SDA, or IS due to incapacity then obviously the criteria are different, and therefore referring to a previous assessment (on another benefit) may not be of assistance.
If you were previously assessed for ESA, then it is worth checking whether the Descriptors you were successful under were those in force prior to March 2011, for example; before 03/11 the test was of your ability to walk, whereas afterwards it was your ability to mobilise, which includes whether you can propel a manual wheelchair as weel as walk. The important thing is to make sure you are comparing apples with apples, if you will forgive the analogy.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.
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11 years 3 months ago - 11 years 3 months ago #97823 by MECFSrecovery
Replied by MECFSrecovery on topic Supporting Letter tactics
hi Gordo - do you know if its possible to get hold of the information on points from my previous ESA and IB assessments?
Last edit: 11 years 3 months ago by Gordon.
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11 years 3 months ago #97827 by Gordon
You can certainly make the request, however, the DWP operate a Data Retention policy that results in most documents being destroyed after 14 months if there has been no requirement to retain them, so you may be unlucky.
I would be specific in your request e.g. documents from IB assessment on date. I would also make the request in writing and whilst written requests should be treated as Subject Access Requests, it may help if you actually present it as a SAR.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Supporting Letter tactics
MECFSrecovery wrote: hi Gordon - do you know if its possible to get hold of the information on points from my previous ESA and IB assessments?
You can certainly make the request, however, the DWP operate a Data Retention policy that results in most documents being destroyed after 14 months if there has been no requirement to retain them, so you may be unlucky.
I would be specific in your request e.g. documents from IB assessment on date. I would also make the request in writing and whilst written requests should be treated as Subject Access Requests, it may help if you actually present it as a SAR.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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