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TOPIC: Continence/Stoma

Re:Continence/Stoma 7 years 11 months ago #64983

Thanks so much for your replies :)

Gordon, I think i'm doing what you've suggested ..... I sent off the GSL24 with a short statement and I also included a letter requesting a copy of the ATOS medical report and the name of my doctor they had evidence from. On the decision letter the box where they indicate they used evidence from your doctor was ticked (X), I checked with my GP and they hadn't been contacted so I don't know which of my Consultants/Stoma Nurse gave evidence. I managed to speak to a very nice lady at the DWP today and asked if I could have the name of who they'd had a report from. She couldn't give me that info as they didn't have it available? I'll have to wait and see what info I get from my written request. The CAB/Welfare rights in my area are slammed and there is apparently a long wait to get help so i'm attempting it myself .. with the aid of this site :)

Catherine ... thank you for your help :) I did wonder about the support group, i've been so wrapped up in not even getting into the WRAG group that i'd forgotten about it. Do I have to state which of the groups I think I should be in when I get the appeal bundle or does the appeal board make that decision ... if I pass that is.

Jill

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Re:Continence/Stoma 7 years 11 months ago #64986

Jill

If you are unable to get the Decision overturned at Reconsideration, then you will receive an evidence pack as part of the Appeal process, this should contain any medical reports, your Consultants or Nutses have provided.

Gordon

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

Re:Continence/Stoma 7 years 11 months ago #64987

beanio wrote:

I made the big mistake of not sending any supporting evidence in with my ESA50, so am now trying to get it all together ready for the appeal i've applied for.


You are not obliged to provide any supporting evidence. As you were being migrated from IB to ESA, the onus of the burden of proof rests with the DWP to show that you were disentitled to ESA, and not for you as a claimant to show that you were entitled to the allowance.

With the benefit of hindsight, when you completed the ESA50 you should have stressed to the DWP that in order for a valid assessment to be made, a "qualified" healthcare professional should have contacted your GP and/or consultant(s). If Atos had failed to comply with your request, you could have argued on appeal that when the adverse decision was made on your ESA entitlement, the ESA decision maker failed to discharge the requisite burden of proof when deciding not to award you ESA. This would have given you the basis of an argument that the DWP/Atos failed to undertake due process in the course of the WCA.

This is all academic in your case however as the afore-mentioned situation did not happen, but it is not too late to ask the DWP by way of a reconsideration to enquire why they did not find it necessary to elicit further medical evidence from your own healthcare professionals, if indeed they did not do so? Alternatively, you may prefer just to concentrate in obtaining (medical) evidence to refute the misguided assertion that in the words of the ESA decision maker "You do not need to change your clothes because of difficulty controlling your bladder or bowels or using a stoma" despite the fact it is not your responsibility to do so for the purpose of the transfer from IB to ESA?

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

Re:Continence/Stoma 7 years 11 months ago #65013

  • harley
Hi Jill,

I too have a stoma,illeostomy, and recently filled in my ESA form, been on IB for many years, sent my form in for 11th July, and have heard nothing yet, I checked with my GP last week and so far he had not been contacted for any info regarding my conditions, I am also a total parenteral nutrition patient, I am hoping to be put in the support group. My heart goes out to you regards your stoma, mine has leaked since day one, and I use a convex bag, yesterday was really bad, changed my bag 3 times and clothes due to leaking. Will let you know how I get on when I hear about my ESA, please keep in touch, and I wish you lots of luck with your ESA.

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Re:Continence/Stoma 7 years 11 months ago #65014

  • millymoo
Hi Jill

I also suffer with leaking and faecal incontinance at times due to severe crohn's disease. I had my medical with atos and only scored 9 points and that was because i have a hand injury following a break to my arm. I appealed and the week before my tribunal i had a call to say that they had reconsidered my claim and was being placed into the support group purely on the fact that i have faecal incontinance at least once a week. I do have other serious medical problems but it seems these were not needed as it was enough with the incontinance to get me into the support group.

I have always found it embarrassing talking about my problems, but unfortunately with atos you do need to go into graphic detail lol!!! Atos dr did state that there was no evidence of incontinance so dismissed it. I really understand where you are coming from and if i can be of any further help please ask.

Take care
Big hug
Mm :) xx

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Re:Continence/Stoma 7 years 11 months ago #65017

  • Catherine
Hi Jill,

I personally would highlight the fact that you meet the 'weekly leaking device' support criteria and that Atos/decision-maker overlooked this. I would hope/push for an early reconsideration, though Milly Moo unfortunately had to wait until her case was about to be heard.

Best wishes

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