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ESA Medical Report Form
- lochlisa
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10 years 4 days ago #120533 by lochlisa
ESA Medical Report Form was created by lochlisa
After completing my ESA renewal I heard nothing for a long time, had no medical, and then it seems I fell into the 'not to be looked at' category because of all the problems with ATOS.
I SAR'd the DWP and have received the paperwork, and my 'file' was looked at by a Registered Nurse who has claimed that 'Work could be considered within 12 months'.
This was after DLA renewing me indefinitely because of my serious conditions, and on the excellent GP's report that was totally factual, and the confirmation that I meet support group criteria because of severe functional disability.
Naturally I do not want to be subjected to this ESA nonsense in 6 months time when my 'year' will be up again, but the actual report is dated March 2014.
Do I just sit tight and hope I don't have any grief until 2015 when 'they' sort out the ATOS mess, or should I appeal that thee Nurse's findings are totally flawed and that there is no way of considering work within 12 months?
thanks,
Lisa
I SAR'd the DWP and have received the paperwork, and my 'file' was looked at by a Registered Nurse who has claimed that 'Work could be considered within 12 months'.
This was after DLA renewing me indefinitely because of my serious conditions, and on the excellent GP's report that was totally factual, and the confirmation that I meet support group criteria because of severe functional disability.
Naturally I do not want to be subjected to this ESA nonsense in 6 months time when my 'year' will be up again, but the actual report is dated March 2014.
Do I just sit tight and hope I don't have any grief until 2015 when 'they' sort out the ATOS mess, or should I appeal that thee Nurse's findings are totally flawed and that there is no way of considering work within 12 months?
thanks,
Lisa
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10 years 4 days ago #120538 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical Report Form
lochlisa
The re-assessment period is not appealable as it does not form part of the Decision, the DWP can re-assess a claimant at any time after 3 months have elapsed since the last Decision on their claim, irrelevant of any period stated on the ATOS medical report.
Sorry
Gordon
The re-assessment period is not appealable as it does not form part of the Decision, the DWP can re-assess a claimant at any time after 3 months have elapsed since the last Decision on their claim, irrelevant of any period stated on the ATOS medical report.
Sorry
Gordon
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10 years 4 days ago - 10 years 4 days ago #120545 by lochlisa
Replied by lochlisa on topic ESA Medical Report Form
thanks Gordon.
However, can I assume that if this ever had to go to appeal that challenging the use of just a nurse in a case with complicated medical conditions would be relevant in a Tribunal situation?
Lisa
However, can I assume that if this ever had to go to appeal that challenging the use of just a nurse in a case with complicated medical conditions would be relevant in a Tribunal situation?
Lisa
Last edit: 10 years 4 days ago by Gordon.
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10 years 4 days ago #120548 by Gordon
It's an important factor but not necessarily a deciding one, the DWP position is that all of the ATOS assessors are trained in Disability Assessment and are therefore capable of producing an accurate medical report from an assessment. You would need to show that the use of a nurse was not reasonable given your underlying conditions and that they would not therefore have a proper appreciation of the effects that your conditions have on your daily activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical Report Form
lochlisa wrote: thanks Gordon.
However, can I assume that if this ever had to go to appeal that challenging the use of just a nurse in a case with complicated medical conditions would be relevant in a Tribunal situation?
Lisa
It's an important factor but not necessarily a deciding one, the DWP position is that all of the ATOS assessors are trained in Disability Assessment and are therefore capable of producing an accurate medical report from an assessment. You would need to show that the use of a nurse was not reasonable given your underlying conditions and that they would not therefore have a proper appreciation of the effects that your conditions have on your daily activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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