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- mpckelly
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7 years 10 months ago #161753 by mpckelly
Replied by mpckelly on topic WCA recording mess-up / Free Representation Unit
Hi,
Thanks for your response to my previous queries. I now have another:
Prior to my WCA, I made requests (written and by phone) to have the appointment recorded. All along the way (right up to my checking with reception staff at the assessment centre whilst waiting), I was assured this would happen. Stupidly, I trusted those assurances (and hence did not feel the need to use the letter on page 78 of the B&W ESA Guide for claims on physical grounds - though I don't know if this would have made any difference). Of course, the appointment was not recorded, and the HCP denied any knowledge of a request for this having made.
Since then, I've been ruled fit for work on the basis of a WCA report which is wildly inaccurate in many key respects. I have the ESA85 and things I said have been inaccurately recorded, and I have been reported as having said things I never said, in every instance in ways which sway the case against me being ruled eligible for ESA. I feel well and truly stitched up.
The only thing I have to counter this misrepresentation of the WCA is the contemporaneous notes my partner took at the time - she was scribbling busily, and the notes are pretty rigorous.
I am appealing the ESA decision, but am now wondering whether it is in my interests at this point to take any action regarding the non-recording of the WCA and the skewed reporting of the medical:
should I raise any complaint? of so, should I enlist the support of someone like my MP (as the B&W guide suggests with regard to other circumstances) to hopefully strengthen my case?
is there anything else I should do? Or just raise the matter via my appeal?
at the tribunal, should I ask the tribunal to make a finding as to whether the failure to record the medical should be taken into account when assessing the reliability of the Maximus medical report?
Also, will my partner's notes carry weight as evidence in the appeal, and/or any complaint?
Thanks in advance.
Thanks for your response to my previous queries. I now have another:
Prior to my WCA, I made requests (written and by phone) to have the appointment recorded. All along the way (right up to my checking with reception staff at the assessment centre whilst waiting), I was assured this would happen. Stupidly, I trusted those assurances (and hence did not feel the need to use the letter on page 78 of the B&W ESA Guide for claims on physical grounds - though I don't know if this would have made any difference). Of course, the appointment was not recorded, and the HCP denied any knowledge of a request for this having made.
Since then, I've been ruled fit for work on the basis of a WCA report which is wildly inaccurate in many key respects. I have the ESA85 and things I said have been inaccurately recorded, and I have been reported as having said things I never said, in every instance in ways which sway the case against me being ruled eligible for ESA. I feel well and truly stitched up.
The only thing I have to counter this misrepresentation of the WCA is the contemporaneous notes my partner took at the time - she was scribbling busily, and the notes are pretty rigorous.
I am appealing the ESA decision, but am now wondering whether it is in my interests at this point to take any action regarding the non-recording of the WCA and the skewed reporting of the medical:
should I raise any complaint? of so, should I enlist the support of someone like my MP (as the B&W guide suggests with regard to other circumstances) to hopefully strengthen my case?
is there anything else I should do? Or just raise the matter via my appeal?
at the tribunal, should I ask the tribunal to make a finding as to whether the failure to record the medical should be taken into account when assessing the reliability of the Maximus medical report?
Also, will my partner's notes carry weight as evidence in the appeal, and/or any complaint?
Thanks in advance.
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- Gordon
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7 years 10 months ago #161761 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic payment on appeal win / Free Representation Unit
HT
There are a number of issues here and your options will be limited by the context.
Starting with the recording of the assessment, you can certainly complain about the failure to record the assessment, especially as you were assured on the day that it would be available, however, any complaint will be separate from any appeal that you make.
The appeal panel will have no interest in the issue, you have no legal right to require that the assessment is recorded and it being recorded or not is not a matter that contributes to you being entitled to an award or not.
As to your challenging the contents of the report, choose your battles, you can be successful disputing facts and the notes that were taken may help you do this, I would avoid challenging opinions unless you can show that the basis of the opinion is fundamentally flawed.
Remember, you will only receive an award by showing that you meet the criteria for one, so go back to you ESA50, the assessment report and the ESA Claim guides, to make sure that you show this.
Gordon
There are a number of issues here and your options will be limited by the context.
Starting with the recording of the assessment, you can certainly complain about the failure to record the assessment, especially as you were assured on the day that it would be available, however, any complaint will be separate from any appeal that you make.
The appeal panel will have no interest in the issue, you have no legal right to require that the assessment is recorded and it being recorded or not is not a matter that contributes to you being entitled to an award or not.
As to your challenging the contents of the report, choose your battles, you can be successful disputing facts and the notes that were taken may help you do this, I would avoid challenging opinions unless you can show that the basis of the opinion is fundamentally flawed.
Remember, you will only receive an award by showing that you meet the criteria for one, so go back to you ESA50, the assessment report and the ESA Claim guides, to make sure that you show this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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7 years 10 months ago #161762 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic payment on appeal win / Free Representation Unit
HT
There are a number of issues here and your options will be limited by the context.
Starting with the recording of the assessment, you can certainly complain about the failure to record the assessment, especially as you were assured on the day that it would be available, however, any complaint will be separate from any appeal that you make.
The appeal panel will have no interest in the issue, you have no legal right to require that the assessment is recorded and it being recorded or not is not a matter that contributes to you being entitled to an award or not.
As to your challenging the contents of the report, choose your battles, you can be successful disputing facts and the notes that were taken may help you do this, I would avoid challenging opinions unless you can show that the basis of the opinion is fundamentally flawed.
Remember, you will only receive an award by showing that you meet the criteria for one, so go back to you ESA50, the assessment report and the ESA Claim guides, to make sure that you show this.
Gordon
There are a number of issues here and your options will be limited by the context.
Starting with the recording of the assessment, you can certainly complain about the failure to record the assessment, especially as you were assured on the day that it would be available, however, any complaint will be separate from any appeal that you make.
The appeal panel will have no interest in the issue, you have no legal right to require that the assessment is recorded and it being recorded or not is not a matter that contributes to you being entitled to an award or not.
As to your challenging the contents of the report, choose your battles, you can be successful disputing facts and the notes that were taken may help you do this, I would avoid challenging opinions unless you can show that the basis of the opinion is fundamentally flawed.
Remember, you will only receive an award by showing that you meet the criteria for one, so go back to you ESA50, the assessment report and the ESA Claim guides, to make sure that you show this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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7 years 10 months ago #161763 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic payment on appeal win / Free Representation Unit
HT
There are a number of issues here and your options will be limited by the context.
Starting with the recording of the assessment, you can certainly complain about the failure to record the assessment, especially as you were assured on the day that it would be available, however, any complaint will be separate from any appeal that you make.
The appeal panel will have no interest in the issue, you have no legal right to require that the assessment is recorded and it being recorded or not is not a matter that contributes to you being entitled to an award or not.
As to your challenging the contents of the report, choose your battles, you can be successful disputing facts and the notes that were taken may help you do this, I would avoid challenging opinions unless you can show that the basis of the opinion is fundamentally flawed.
Remember, you will only receive an award by showing that you meet the criteria for one, so go back to you ESA50, the assessment report and the ESA Claim guides, to make sure that you show this.
Gordon
There are a number of issues here and your options will be limited by the context.
Starting with the recording of the assessment, you can certainly complain about the failure to record the assessment, especially as you were assured on the day that it would be available, however, any complaint will be separate from any appeal that you make.
The appeal panel will have no interest in the issue, you have no legal right to require that the assessment is recorded and it being recorded or not is not a matter that contributes to you being entitled to an award or not.
As to your challenging the contents of the report, choose your battles, you can be successful disputing facts and the notes that were taken may help you do this, I would avoid challenging opinions unless you can show that the basis of the opinion is fundamentally flawed.
Remember, you will only receive an award by showing that you meet the criteria for one, so go back to you ESA50, the assessment report and the ESA Claim guides, to make sure that you show this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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