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esa medical evidence 9 years 7 months ago #46423

can anyone advise as to how current medical evidence has to be , i realise the more recent the better generally ,i have on going evidence of my physical probs but also have mental issues ie memory,attention ect but last assessment i had was in dec 2006 i have copies of tests results and how its effects me that the professionals involved wrote in support of my dla claim however it has not been deemed necessary for them to be repeated since , can i use this same evidence or should i try to get it re done and do you think nhs would do update test on me just for benefit claim purpose and if not what should i do ? thanks Tree

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Re:esa medical evidence 9 years 7 months ago #46435

Apparently the DWP appear able to accept out-of-date medical reports usually in the form of ESA medical reports, to decide if a claimant is entitled to DLA. It is not unknown from members posting in the forum to comment that some ESA medical reports used for this purpose, have been over a year old.

I would like to think that what is sauce for the goose is sauce for the gander, but in all probabilities the DWP would dismiss any medical evidence that is more than six months old. Medical evidence that may be almost five years old, would not be acceptable as there may have been an improvement in your medical condition since that time. Consequently it is always advisable and indeed wise, to try and obtain up-to-date medical evidence if at all possible.

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

Re:esa medical evidence 9 years 7 months ago #46508

Crazydiamond wrote:

I would like to think that what is sauce for the goose is sauce for the gander, but in all probabilities the DWP would dismiss any medical evidence that is more than six months old. Medical evidence that may be almost five years old, would not be acceptable as there may have been an improvement in your medical condition since that time. Consequently it is always advisable and indeed wise, to try and obtain up-to-date medical evidence if at all possible.


This is worrying me,

So how would the official reports as to any ones Neuro-condition written by a Rehab team which can not be updated stand up as evidence ?

the NHS does not allow specialist in-patient rehab on a regular basis just to satisfy ATOS, just once every blue moon if your lucky with all the cutbacks !!

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Re:esa medical evidence 9 years 7 months ago #46512

  • RachelPotter
Hi, it is incredibly difficult to get up to date diagnosis.

It has taken me a year to get the gp to refer me back to the Rheumatologist. And despite having the same depressive illness today, I have not seen my Psychiatrist for 6 years or there abouts.

Having said that, I got a copy of all my medical notes from the surgery and used outdated letters as evidence and won my appeal.

Best wishes,
Rachel

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Re:esa medical evidence 9 years 7 months ago #46547

Hi

I have been worried about the date of any medical evidence for a long time because any evidence I have (if any)is years old.

I cannot see just how I can get any up to date evidence. I have seen neurologists/physiotherapists and others in the past, I would be very grateful if anybody had any advice to give me.

Thanks

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Re:esa medical evidence 9 years 7 months ago #46554

Hi C00kered

I'm not sure if you are referring to gathering evidence for a claim or appeal.

Appeal tribunals have to consider all the evidence placed in front of them, including an appellants oral evidence. Medical evidence doesn't necessary hold more wait than what an appellant has to say at a tribunal. All is not lost if you do not have the opportunity to present up-to-date reports from specialists.

In theory the same should apply at the DWP decision making stage, but they tend to side with the ATOS medical report even if you do provide evidence.

You may find the link below interesting.

Tribunals and medical evidence – some recent reminders

Hope this helps

Derek

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