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ESA review - update

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4 years 6 months ago #237901 by newcastle1949
Replied by newcastle1949 on topic ESA review
Hi

Following on i received a copy of ESA85A and LT54, Having never received one previously when asked esa85a states;

Advice
I advised that the client meets the criteria for Limited capability for work and work related activity as they are suffering from some specific disease or bodily or mental disablement and by the reasons of such disease or disablement there woud be a substantial risk to the mental or lhysical health of any person if they were found not to have limited capability for work or limited capability for work and work related activity.

Prognosis
I advise that work is unlikely in the longer term.

Justification of Advice
Evidence considered' questionnaire, Med 3, GP letter, consultant letter and hospital correspondence and report from 2009,2010, 2012, 2013
Significant amounts of medical evidence and supporting information in the case file, GP letter indicates a long history of severe anxiety and depression which is getting worse not better. GP indicates that claimant now has physical symptoms of anxiety and that letters and form from DWP cause her severe episodes of panic and anxiety. GP states that claimant is mentally unable to cope with the assesment process and is totally unfit for work of any kind. ESA50 is completed by friend and gives a very detailed picture of severe disability in all areas. The medical evidence indicates there would be a substantial mental or physical risk if the client were found capable of work or work related activity because of severe mental illness likely to deteriorate under stress. The available evidence suggests improvement is unlikely in the longer term

Harmful information - Not to be copied to the client - wow

LT54
has some of the same wording as above but then states

Support Group Risk Regulation 35

Gordon you advised saying there has been no change since x was produced which i will but should i include a copy of them or will they have access to the reports, i was quite surprised at the report although it is absolutely correct but to see the Harmful Information bit, not to be copied to client? what does that mean, obviously the lady at the DWP hadn't seen that!!

Thanks as ever

SWEETHEART

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4 years 6 months ago #237939 by Gordon
Replied by Gordon on topic ESA review
Sweetheart

I am going to explain harmful information but please do not read more into what I am saying and if you are concerned about it then you should speak to your GP.

Harmful information is not supposed to be distributed to a patient/claimant, it is actually a serious breach of procedure for this to have happened, it normally needs the agreement of a doctor familiar with the person's conditions.

If you were placed in the SG due to the Substantial Risk Regulations then the report may not help, unlike the other ESA Descriptors there is no assumption of on-going disability for these Regulations and a claimant needs to show that they meet this criteria each time they are assessed,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: newcastle1949

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4 years 6 months ago #237942 by newcastle1949
Replied by newcastle1949 on topic ESA review
Hi Gordon

Oh ok thank you, just a minefield all of this, should i refer to it on my form that i am completing or not, just don't know what to do now and after you said it is a serious breach of procedure, would inlcuding/mentioning it open a can of worms, and i certainly don't understand all of the regulations, difficult enough living with the conditions day to day, but you know how that feels.

I do appreciate all of your help and sorry for additional questions.

Best Wishes

SWEETHEART

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4 years 6 months ago #237945 by Gordon
Replied by Gordon on topic ESA review
Sweetheart

I would certainly refer to the report and include a copy but don't rely on it having the effect that you are hoping for.

The problems with you receiving this report are not yours, they lie with the person that sent it and possibly the DWP procedures for allowing it,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: newcastle1949

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4 years 6 months ago #237964 by newcastle1949
Replied by newcastle1949 on topic ESA review
I will follow your advice Gordon thank you, i will keep you posted

Take care

SWEETHEART

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4 years 6 months ago #238280 by newcastle1949
Replied by newcastle1949 on topic ESA review
Hi

Sorry to bother you again, plodding through form, GP has provided a letter again, so i am pleased .

It is quite Quite detailed and it does say

She struggles with letters and forms from the department of work and pensions in that they cause severe epsodes of panic and anxiety and she has to have help from friends to fill them in, therefore i would be grateful if things could be kept to a minimum.

Should i include a copy of my PIP entitlement letter or the full assesors report? or just say in additional info that i am on enhanced dailing living and mobility?

Also the ESA85a we discussed and the last page which says about harmful information should not be copied to client Do i include that page or just the ESA85A report

Best Wishes

SWEETHEART

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