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WCA for ESA - impact of condition missed
- dancer22
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5 days 17 hours ago #314866 by dancer22
WCA for ESA - impact of condition missed was created by dancer22
My son recently had a telephone WCA. I have obtained a copy of the ESA85. We are currently waiting for the decision. He has obstructive sleep apnoea but the impact of this was not discussed during the assessment and is not mentioned in the report. Obviously chronic sleep deprivation has lots of negative impacts on concentration, memory, speech etc. This seems like quite a significant oversight. Is there anything I can/should do at this point ?
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- David
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21 hours 45 minutes ago #314908 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic WCA for ESA - impact of condition missed
Hi dancer22
How does the sleep deprivation manifest itself in daily life. If the symptoms are of a narcoleptic nature have read of this article from the BMJ :-
bmjopenrespres.bmj.com/content/13/Suppl_1/A33.1
David
How does the sleep deprivation manifest itself in daily life. If the symptoms are of a narcoleptic nature have read of this article from the BMJ :-
bmjopenrespres.bmj.com/content/13/Suppl_1/A33.1
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dancer22
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21 hours 15 minutes ago #314910 by dancer22
Replied by dancer22 on topic WCA for ESA - impact of condition missed
I listed all the problems and they were completely overlooked by the physiotherapist doing the assessment. Which is rather irritating, but I understand fairly common.
In the time between the defective report being issued and the decision being made, is there any point in me ringing up the DWP and pointing out that this condition was missed. Or do I have to wait for the decision to be made and point it out via the MR ?
In the time between the defective report being issued and the decision being made, is there any point in me ringing up the DWP and pointing out that this condition was missed. Or do I have to wait for the decision to be made and point it out via the MR ?
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- David
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20 hours 46 minutes ago #314911 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic WCA for ESA - impact of condition missed
Hi dancer22
PIP is not awarded because of the health condition as such but because the descriptors are met. You will need to show that on the balance of probability the points are plainly there. If your complaint is that the Assessor has been negligent you could complain to the particular HAAS contractor.
David
PIP is not awarded because of the health condition as such but because the descriptors are met. You will need to show that on the balance of probability the points are plainly there. If your complaint is that the Assessor has been negligent you could complain to the particular HAAS contractor.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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