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Esa and dla

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8 years 3 months ago #150603 by brad72
Replied by brad72 on topic medical proof
Hia, I have just been to see my gp about getting her to wright me a letter of support for my esa claim, she just told me they will have to contact me if they want to know anything. Im now worried sick this is going to go against me as if they dont contact her then I will fail, the only real evidance ive got is from my gp when she wrote a quick short letter saying I suffer from frequent epilepsy and chronic anxiety and depression so I coud get my bus pass, the letter was wrote on 18/1/16 and a letter from my specialist to my gp that was wrote on 12/05/2015. Is it worth sending these with my esa50 or best just to leave them, also can they refuse my claim for esa based on my esa50 or only after had a medical. Thanks

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8 years 3 months ago #150630 by Gordon
Replied by Gordon on topic medical proof

brad72 wrote: Hia, I have just been to see my gp about getting her to wright me a letter of support for my esa claim, she just told me they will have to contact me if they want to know anything. Im now worried sick this is going to go against me as if they dont contact her then I will fail, the only real evidance ive got is from my gp when she wrote a quick short letter saying I suffer from frequent epilepsy and chronic anxiety and depression so I coud get my bus pass, the letter was wrote on 18/1/16 and a letter from my specialist to my gp that was wrote on 12/05/2015. Is it worth sending these with my esa50 or best just to leave them, also can they refuse my claim for esa based on my esa50 or only after had a medical. Thanks


The likelihood is that your GP will not be contacted, it's unfortunate that so many GPs assume that they will write to them.

You are entitled to see and copy your medical records, if you have attended any clinics then there may be letters from them to your GP that would be of use. See

Requesting your medical records

Charging for medical records

You cannot be found Fit for Work on what is called a Paper Assessment, you must be asked to and attend a assessment for this to happen (technical failures excluded).

Gordon

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

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  • bro58
8 years 3 months ago - 8 years 3 months ago #150652 by bro58
Replied by bro58 on topic Esa and dla
Hi b72,

Just to add to Gordon's advice,

You could try another G.P. in the practice, as I know with my G.P. practice, some G.P.'s will write letters of support and some won't and some charge for doing so and others don't.

You could ring The Practice Manager and query whether it is a blanket practice policy not to provide letters of support for "Benefits" !!

You could also tell them that in the vast majority of cases DWP/Maximus will not contact them, and only do so in around 25% of all ESA claimants.

You could also ask them why it is that they need to be contacted by DWP/Maximus to provide support, if they are willing to do so, why not do so now for you ?

If they say that the G.P. gets paid for filling in forms for DWP, (Which they do) you could counter that by offering to pay.

Good luck !!

bro58
Last edit: 8 years 3 months ago by bro58.

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8 years 3 months ago - 8 years 3 months ago #150655 by brad72
Replied by brad72 on topic Esa and dla
She is the only gp who works there, but as I said in my post I do have a letter that just explains that I have seizures and depression issues, but it dosnt go int great detail. My origanal doctor has left hence why im seeing a new one, I did explain what it was for but she wasnt intrested. But I do have a support worker will they take her letter into account also. Thanks
Last edit: 8 years 3 months ago by bro58.

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  • bro58
8 years 3 months ago #150744 by bro58
Replied by bro58 on topic Esa and dla

brad72 wrote: She is the only gp who works there, but as I said in my post I do have a letter that just explains that I have seizures and depression issues, but it dosnt go int great detail. My origanal doctor has left hence why im seeing a new one, I did explain what it was for but she wasnt intrested. But I do have a support worker will they take her letter into account also. Thanks


Hi b72,

Ah, I missed your question right at the end of your post !

Yes, they should take the support worker's letter into account !

Plus, you can always request your Medical Records from your G.P. practice as Gordon suggested.

Your G.P. cannot refuse such a request.

Although : This Post relates to a letter of support for PIP, your support worker could use a similar format, but tie the help and support you need in with The ESA Actvities/Descriptors rather than the PIP Activities/Descriptors.

The Functional WRAG (LCW)Schedule 2 Activities/Descriptors

Or

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&


The Functional SG (LCWRA) Schedule 3 Activities/Descriptors

Or

ESA Reg 35 for entry to The SG (LCWRA)

bro58

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8 years 3 months ago #150757 by brad72
Replied by brad72 on topic Esa and dla
Thank you.

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