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contribution based esa and appeal advice please
- bailey15
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11 years 5 months ago - 11 years 5 months ago #95483 by bailey15
contribution based esa and appeal advice please was created by bailey15
Hi Guys, a little advice required please
In 1997 I underwent a surgical procedure to correct a slipped disc. Unfortunately the surgery and the immediate after care were proven to be negligent and further damage was caused to my spinal chord. After being rendered disabled and unable to work since then I have been claiming incapacity benefit.
I have recently been migrated from IB to ESA contribution based from October 2012. This was assessed without any Atos medical exam. Unhappy with the decision and believing that I should be in the support group I followed your advice and in September I lodged an appeal, requesting the relevant documents that were used by the decision maker to arrive at their decision.
On your forums you recommend sending as much info regarding your disabilities as possible, medical reports etc. are these medical reports easily obtained from your GP ?
Unfortunately I couldn't acquire any info at short notice, I hope to get a report from my GP sorted quite soon.
I do however have previous medical assessments carried out in 1998-99 by 5 different independent consultants clearly stating that the damaged caused to my spinal chord is extensive and non-reversible.. I hope to use these to back up my case. Do you think that they are still relevant?
In early Nov I received an appointment on 26th Nov for an interview with a personal adviser. I contacted the local JC and informed them that I would not be able to attend on that day. They seemed to be understanding and have re scheduled for Dec 6, they also told me that if I was having difficulties getting in that they would do the interview over the phone.
Which would you recommend a face to face or a phone interview.
Please advise
Bentley
In 1997 I underwent a surgical procedure to correct a slipped disc. Unfortunately the surgery and the immediate after care were proven to be negligent and further damage was caused to my spinal chord. After being rendered disabled and unable to work since then I have been claiming incapacity benefit.
I have recently been migrated from IB to ESA contribution based from October 2012. This was assessed without any Atos medical exam. Unhappy with the decision and believing that I should be in the support group I followed your advice and in September I lodged an appeal, requesting the relevant documents that were used by the decision maker to arrive at their decision.
On your forums you recommend sending as much info regarding your disabilities as possible, medical reports etc. are these medical reports easily obtained from your GP ?
Unfortunately I couldn't acquire any info at short notice, I hope to get a report from my GP sorted quite soon.
I do however have previous medical assessments carried out in 1998-99 by 5 different independent consultants clearly stating that the damaged caused to my spinal chord is extensive and non-reversible.. I hope to use these to back up my case. Do you think that they are still relevant?
In early Nov I received an appointment on 26th Nov for an interview with a personal adviser. I contacted the local JC and informed them that I would not be able to attend on that day. They seemed to be understanding and have re scheduled for Dec 6, they also told me that if I was having difficulties getting in that they would do the interview over the phone.
Which would you recommend a face to face or a phone interview.
Please advise
Bentley
Last edit: 11 years 5 months ago by Gordon.
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11 years 5 months ago #95496 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:contribution based esa and appeal advice please
Bailey
As your medical reports show that the damage in not reversible, they should be acceptable as evidence, however, if you had more up to date reports that show that this is still the case, this would be better.
It will certainly help your case, if you address the issues of your possibly having adapted to your condition(s), ATOS and the DWP may assume this, whether it is reasonable or not.
Have you seen your GP recently? They may be able to help you with more up to date information, you can always send any additional reports, etc. after returning the ESA50 but before a Decision is made.
Gordon
As your medical reports show that the damage in not reversible, they should be acceptable as evidence, however, if you had more up to date reports that show that this is still the case, this would be better.
It will certainly help your case, if you address the issues of your possibly having adapted to your condition(s), ATOS and the DWP may assume this, whether it is reasonable or not.
Have you seen your GP recently? They may be able to help you with more up to date information, you can always send any additional reports, etc. after returning the ESA50 but before a Decision is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bailey15
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11 years 5 months ago #95498 by bailey15
Replied by bailey15 on topic Re:contribution based esa and appeal advice please
hi gordon
i have recently moved and have changed my GP my records are in limbo at present. but my aim is to get a recent med report asap
thanks for response
i have recently moved and have changed my GP my records are in limbo at present. but my aim is to get a recent med report asap
thanks for response
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- Red
11 years 4 months ago - 11 years 4 months ago #95828 by Red
Replied by Red on topic Re:contribution based esa and appeal advice please
Hi Gordon,,My 5th and final operation on my back, and then told that I would be unable to work again was in 2005.Iam going to appeal having been placed in the WRAG group.At the appeal will the panel take into account my old letters of 2005,or should I now pay a consultant to give me yet again another medical to convince the panel of my disability .
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #95831 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:contribution based esa and appeal advice please
Red wrote:
However, before you look to get a more up todate report on your condition(s), you need to be aware that the statement "unable to work again" will not qualify you for the Suppport Group. By definition, members of the WRAG are already defined as Unfit for Work, so this statement merely confirms a placement in the WRAG is appropriate. To be placed in the SG you either need to meet one of the associated descriptor, or show that you are not capable of performing Work Related Activity, see
Qualifying for the Support Group
I hope this explains it better.
Gordon
In principle, the panel must consider any evidence you submit, however, given the age of the reports they will undoubtedly ask the question as to whether your condition has changed and whether newer treatment options would improve your health, this may mean that will view your 2005 reports with less weight than one that was more recent.Hi Gordon,,My 5th and final operation on my back, and then told that I would be unable to work again was in 2005.Iam going to appeal having been placed in the WRAG group.At the appeal will the panel take into account my old letters of 2005,or should I now pay a consultant to give me yet again another medical to convince the panel of my disability .
However, before you look to get a more up todate report on your condition(s), you need to be aware that the statement "unable to work again" will not qualify you for the Suppport Group. By definition, members of the WRAG are already defined as Unfit for Work, so this statement merely confirms a placement in the WRAG is appropriate. To be placed in the SG you either need to meet one of the associated descriptor, or show that you are not capable of performing Work Related Activity, see
Qualifying for the Support Group
I hope this explains it better.
Gordon
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- Red
11 years 4 months ago #95844 by Red
Replied by Red on topic Re:contribution based esa and appeal advice please
it does thanks Gordon.
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