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failed esa medical 6 points only given

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9 years 11 months ago #136254 by helen
hi all can anyone help me please

ive been on esa since april 2011 after an accident at work I receive iidb and top up esa as im on income related esa after cbesa ended.
I had my first f2f in april 2011 and was put into the wrag group and after the first visit to the job centre I was told not to attend they would contact me via telephone which they did for over 2 years then transferred me back to the dwp personal advisor who have been doing the same to date.

Since my 2011 award I received an esa50 sometime in 2013 which I returned and heard nothing until the beginning of may this year when my problems started.

I received a letter asking me to attend a f2f with maximus which I did and had the most horrendous time
the hcp would not let me know when I filled my last esa50 saying sometime in 2014
the hcp woud not let my husband speak telling him to shhh several times he is really upset at not being able to have any input I was also told to shh the mouse of the hcp was banged on the table as I tried to answer her questions
the hcp has lied on several points on the report which I have received today and refused to accept anything other than my medication list and appointment dates for my scans
I had taken my recent iidb award as I have attended the same medical assessment centre and had my iidb medical in the same room every year since 2011 making my most recent iidb medical assessment in april 2015 where every year my award has increased im at 40% disabled at the moment.
I have complex regional pain syndrome, right frozen shoulder, rsi tendonitis and pelvic pain all confirmed by my gp.
im my wits end as to how I am found fit for work
I received a letter asking me to contact dwp urgently and when I did was told they had been trying to contact me to inform me of my results but when I questioned this they had the wrong telephone number for me hence then not being able to as I am at home all day.
I was telephone again and told I failed with only receiving 6 points for reaching
I am really upset and worried as I am unable to work and will not be applying for jsa as luckily still have iidb and have been told I have to have MR now

can you advise me please can I send in all my last 5 years of awards for iidb as extra evidence
can I send in a recent esa 50 as the last one did not include my frozen shoulder or pelvic pain as this is more recent
the hcp would only discuss frozen shoulder too and every time I tried to explain my problems that let to frozen (as this is a secondary problem after shoulder injury) she stopped me shh me each time
i was not not informed her name nor did she shake our hands merely looked us up and down and walked to the assement room with her back to me even tho on the report she stated i walked 4 metres normally
i have apparently failed as i apparently said i can brush my teeth with my left hand i said no such thing but this has been used 3/4 times throughout her anwerss to why i don't fit any of the descriptors
people beware Exeter hcp for maximus worse than atos
thanks and sorry for long post :(

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9 years 11 months ago #136266 by Gordon
Replied by Gordon on topic failed esa medical 6 points only given
Helen

Welcome to the forum.

You can certainly send your IIDB reports as evidence, but I would recommend that you include a covering letter explaining how these reports relate to your limitations in regard to the ESA Descriptors.

You can't send a new ESA50 but you can send the information that you would have included in an ESA50, in particular you need to highlight the differences between the one that you completed in 2013 and how you are affected now.

If you have not already done so, you should request a copy of the assessment report, phone the DWP office that dealt with your claim and ask for the ESA85 to be sent to you. I would follow up the request in writing.

Have a look at our ESA Appeal guide for more details of the process and how to request a Mandatory Reconsideration, the guide includes template letters that you can use to make the request with. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have further questions then please reply to this post and we will do our best to help

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 11 months ago #136298 by helen
Replied by helen on topic failed esa medical 6 points only given
hi Gordon

thank you very much for your advice

I have already received and ESA65 05/15 v.02 ?

Is this different to an ESA85 ?

thanks helen

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9 years 11 months ago #136300 by helen
Replied by helen on topic failed esa medical 6 points only given
sorry my mistake I have both the esa85 and the esa65

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9 years 11 months ago #136311 by helen
Replied by helen on topic failed esa medical 6 points only given
can i sent in my dla award as evidence too i have had that since 2012 thanks helen

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9 years 10 months ago #136331 by Gordon
Replied by Gordon on topic failed esa medical 6 points only given

helen wrote: can i sent in my dla award as evidence too i have had that since 2012 thanks helen


If you want! It's five years old so the information is unlikely to carry much weight unless you can also show that your conditions have not changed or have worsened since then, once again, to be effective, you must link the award to your current limitations in regard to ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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