ESA and Regulations 29 and 35

bro58 wrote: Hi L,

"Can I ask them if I do get my GP to send in a letter to ATOS/DWP they will have been pre-warned - so if they dont put me in the support group I can use the argument that they did not take this evidence into there decision making and have actually ignored it........"

You could try and use that argument, taking into account my previous, comments.

I can't say, of course, whether it would be successful.

bro58

Thanks so much for this help. Just a thought - should I use the tact they have ignored evidence from my GP (when he sent in report in the first instance to assist my ESA form) and write this in the reg letter from GP (or even ask GP to say it) now OR leave out the part of them ignoring evidence and if my appeal is not succesful to get into support group, I can they state they have ignored it twice?

Whats the best way to hit them with it as it where????.

bro58 wrote: Hi L,

"Can I ask them if I do get my GP to send in a letter to ATOS/DWP they will have been pre-warned - so if they dont put me in the support group I can use the argument that they did not take this evidence into there decision making and have actually ignored it........"

You could try and use that argument, taking into account my previous, comments.

I can't say, of course, whether it would be successful.

bro58

Thanks for all this wonderful advice.

May I ask, if it better to write stating that they ignored evidence from my GP (when he first did the form that ATOS sent him once they recieved my ESA form)

Or

ask GP to write his evidence was ignored in his reg letter he is hopefully going to do

Or

Not put anything about evidence being ingored unless my appeal to get into support group does not happen and then I can state that evidence from my GP was ignored twice?

Which is the best tact to use at this stage?

Lorraine wrote:

bro58 wrote: Hi L,

"Can I ask them if I do get my GP to send in a letter to ATOS/DWP they will have been pre-warned - so if they dont put me in the support group I can use the argument that they did not take this evidence into there decision making and have actually ignored it........"

You could try and use that argument, taking into account my previous, comments.

I can't say, of course, whether it would be successful.

bro58

Thanks so much for this help. Just a thought - should I use the tact they have ignored evidence from my GP (when he sent in report in the first instance to assist my ESA form) and write this in the reg letter from GP (or even ask GP to say it) now OR leave out the part of them ignoring evidence and if my appeal is not succesful to get into support group, I can they state they have ignored it twice?

Whats the best way to hit them with it as it where????.

Hi L,

You could pose this argument as a question, however the likelyhood is that the response would be, that The ATOS HCP is more experienced and qualified in "Disabilty Analysis" than a G.P.

There is actually a passage relating to this in The WCA Handbook, 7th link down this page, at, 2.7.2 The Role of the Atos Healthcare HCP, Page 41 :

ESA Claims Guides

bro58

Gordon wrote: Hi guys

I think it is worth detailing Reg 35.2(b) in full

by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

So there must be a stated disease or disablement for this Regulation to apply.

Gordon

This is excetley what I am going to get him to write with someting along the lines of the following:

I am of the opinion that substantial risk exists because one of the many symptoms of ME which she suffers from is post exertional malaise. Sudden increases in her daily activities (such as attending work related activities, trying to hold down any type of work) would leave her extremely debilitated for days. She would then need to take adequate rest for the subsequent week/weeks to avoid a complete relapse that would render her bedbound for the foreseeable future.
The patient is also very drug and chemical sensitive and I cannot prescribe the normal medication to help her cope with her condtion.

Lorraine wrote:

bro58 wrote: Hi L,

"Can I ask them if I do get my GP to send in a letter to ATOS/DWP they will have been pre-warned - so if they dont put me in the support group I can use the argument that they did not take this evidence into there decision making and have actually ignored it........"

You could try and use that argument, taking into account my previous, comments.

I can't say, of course, whether it would be successful.

bro58

Thanks for all this wonderful advice.

May I ask, if it better to write stating that they ignored evidence from my GP (when he first did the form that ATOS sent him once they recieved my ESA form)

Or

ask GP to write his evidence was ignored in his reg letter he is hopefully going to do

Or

Not put anything about evidence being ingored unless my appeal to get into support group does not happen and then I can state that evidence from my GP was ignored twice?

Which is the best tact to use at this stage?

Hi L,

I think that our posts may have crossed :

www.benefitsandwork.co.uk/forum?view=top...96619&start=18#97610

I would advise all members to provide any supportive evidence as early as possible in the proceedings, whether this is with the ESA50, or, with an appeal submission, as a result of an adverse decision.

bro58