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6 month sick note? Can only get after 2x3month

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4 years 11 months ago #233838 by Gordon
K

Yes, the HCP would be the assessor.

The FRR4 may not be recent, the calls are made to confirm information and occasionally to seek additional information.

Your GP surgery should have retained a copy of the ESA113 and added it to your medical records so you should be able to get a copy.

I would be extremely surprised if there was a recording of the telephone conversation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 11 months ago #233979 by KEITH TAIT
Replied by KEITH TAIT on topic 6 month sick note? Can only get after 2x3month
Hi
After the DWP do not change their minds and continue to say I am not fit for work after the Mandatory Reconsideration :

obviously I can ask for another fit note

However, can I immediately apply for the LCW element in Universal Credit straight away, becuase condition has got worse-and then will I get another Work Capability Assessment?

If I have a date for an operation, would that assist in my argument for being placed in the LCW element of Universal Credit?

Would I have to have another WCA before I get the LCW award?

Or would the Mandatory reconsideration take into account the hospital surgery date and then put me in the what used to be called WRAG group(except with UC its LCW)?

I intend to go to tribunal if MR maintains I am fit for work

However, I understand I can make a new claim for the LCW element in UC, whilst I am applying for the TRibunal appeal, is that correct?

I thought if claimants had a surgery planned, claimants were automatically put in the WRAG group under ESA, so surely I should be eligible for the LCW element in Univeral Credit if I have a date for the operation.?

But in my case, the 113 was inadequate, because it wasnt my GP who filled it out.

Plus there was nothing on the notes that spoke of the functional effects of my condition.


On my Universal Credit Journal it actually states under health conditions, that I have an `Incarcerated hernia` according to my GP, that is a life threatening condition.

I never used that work `incarcerated` either in my application or at the WCA interview-who could have listed my inguinal hernia as an incarcerated hernia?

I don`t understand who could have made such an error-if I had an incarcerated hernia I would be in A and E having an emergency operation on my hernia.

I suppose the diagnosis for an incarcerated hernia is a hernia that does not automatically go back behind the stomach wall whilst the patient is lying down.I certainly have that.But it has not become strangulated.

It is ironic, that at the same time that the DWP/Maximus are saying I am fit for work, they are listing my health condition as life threatening, that is `incarcerated hernia`.

Could I use that error, to actually make a case for arguing that I am not fit for work, because whoever, typed that health condition on my journal has stated that I have a far worse life threatening condition that I don`t actually have.??

Whilst at the same time ignoring the fact that the health condition has an effect on the functional effects of the WCA.

The 113 form is a shortened version of the WCA, and it is unfortunate that there was not enough information on my notes describing the symptoms of my health problem and how it effects my ability to perform the descriptors on the WCA?

So now I have to get the GP to write a letter saying my condition has got a lot worse and is affecting my ability to perform the functional activities listed on the 113 form.

It seems pointless to argue about every point made in the medical report that I sent for detailing the behavioural observations of the HCP at the WCA.Because the WCA does not take into account my worsening condition-becuase the 113 did not point that out, due to my notes being incomplete and not listing the functional effects of my illness.

It seems a better idea, to state the truth that the health condition has got a lot worse, and furthermore I now have a surgery date, and that should surely argue for me to be placed in the WRAG group or now I`m on Universal credit to be eligible for the LCW in UC that is of limited capability for work(but not limited capability for work related activity)

Would you agree that I should be of LCW if I provide an operation date and my GP states that my condition has got worse, and describes the functional effects of my condition?

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4 years 11 months ago #234027 by Gordon
K

If your claim for UC was denied six days ago as appears to be the case from your previous posts then you are going to struggle to show any deterioration in your conditions since you were assessed.

Your surgery has not happened so it will not be a factor in your receiving an award until it actually does happen.

The assessment criteria do not consider the conditions that the claimant has with the exception of cancer and even then only in specific circumstances so I doubt that one of your conditions being mi-reported will an argument that will help you at appeal.

Gordon

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