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Not sure weather to send in old medical evidence

  • SoulMan
  • Topic Author
11 years 7 months ago #92290 by SoulMan
Hi i am in the process of filling in my esa50 and i have some old medical reports but im not sure if it is worth sending them in with the forms.I have a report from 2011 from my orthopedic consultant, which in brief states the following things that may be useful.

His symptoms have got worse since he was last seen,he says the pain is continuous,disturbs his sleep and his mobility is reduced,says he is willing to work but is unable to seek employment because of these problems

on examination he walks with a antalagic gait,the best option for him is a total hip replacement but in the mean time we have to think of like expectancy of the prosthesis which may be between 10-15 years. he has been listed for a total hip replacement.


Shortly after i was listed for a hip replacement, i decided not to go ahead with it, as im still young and want to avoid multiple hip replacements in the future which i was told because my hip is already very deformed the process will become more complicated each time.

now im not sure if its worth sending in this report because its now just over 12 months since that report and my condition has got worse and im also worried they might use the fact that i canceled the surgery against me?, i have another appointment with my orthopedic consultant in November but this is a good few weeks after the esa50 needs to be returned!.

i also have another report from 2010 from the same orthopedic consultant that states again the pain with walking and that it is likely i will need a hip replacement, he also goes on to state that it makes it very difficult to get dressed go up and down stairs and get in and out of the bath.

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11 years 7 months ago #92295 by Gordon
SM

I am afraid we cannot advise on whether this evidence should be included or not.

If the reports establish limitations that are relevant to the ESA descriptors, and you can show or it is reasonable to assume, that your condition has not improved, or has even deteriorated in the interim, then it may be to your advantage to include them.

You are entitled to refuse treatement with no fault, especially if by accepting the treatement, it would cause further issues in the future.

Gordon

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

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  • SoulMan
  • Topic Author
11 years 7 months ago #92300 by SoulMan
Thanks gordon.

If i decide to include these reports i will attach a letter explaning how they are relevant to the ESA descriptors and how my condition ( perthes disease) has also deteriorated since them.


I have a letter for my appointment with my orthopedic consultant in November as well, i don't suppose sending in this letter can have any advantages or would it not be relevant?

Thanks again. :)

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  • bro58
11 years 7 months ago #92306 by bro58
SoulMan wrote:

Thanks gordon.

If i decide to include these reports i will attach a letter explaning how they are relevant to the ESA descriptors and how my condition ( perthes disease) has also deteriorated since them.


I have a letter for my appointment with my orthopedic consultant in November as well, i don't suppose sending in this letter can have any advantages or would it not be relevant?

Thanks again. :)


Hi SM,

I would send any evidence that you feel is relevant.

Especially if it is pertaining to a long established progressive condition.

Even if the ATOS HCP chooses not to read it, it may be useful if you have to appeal, when you can re-draw reference to it.

bro58

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