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  • Fawlty
11 years 11 months ago #104059 by Fawlty
Replied by Fawlty on topic SAR
I got the full SAR request details by special delivery this week from a request I put in at the local office, the ESA85A only was from the office where the decision was made my paperwork has been half way round the country and across to Ireland so far almost every letter I get is from a different office. :laugh:

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11 years 11 months ago - 11 years 11 months ago #104427 by Billy
Replied by Billy on topic SAR
Hi
I finally received my SAR papers, Good old ICO.

3 papers LT54, ESA 85A, and ESA56.

I would like to go over a few things with you, but I will break it down over a few posts, so it`s not too big all at once, thanks.

LT54, Dm agrees with ATOS HCP.

ESA56 In the opinion of the approved HCP the customer can be treated as having LCW.

I turned the page over.

Combined score 0

When I looked up 42182
If the required number of points is not reached a claimant does not have LCW.

Then why was I put on LCW.

Prognosis 18 months from 30/1/2013, but on LT54 the existing award starts on 8/3/2013

Iam wondering if any of them has actually read my medical evidence.

This makes me feel like a fraud, and that my condition is all imaginary
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago #104438 by Gordon
Replied by Gordon on topic SAR
Bud

You are assuming that there will be content and logic in the documents that you have received, when there is a strong possibility that there is none.

Whilst both the ATOS assessor and the DWP Decision Maker are supposed to document and explain their Decision, the reality is that this often does not happen, although I have to admit, from what you have posted, this is a particular bad case.

Gordon

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

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11 years 11 months ago - 11 years 11 months ago #104463 by Billy
Replied by Billy on topic SAR
Hi Gordon
You aint heard nothing yet.

The ESA85A [ Registered Nurse]

The ESA50 indicates severe functional restrictions, however is on standard medication.

8 Tramadol, 8 Paracetamol, 6 Gabapentin, 3 diclofenac, among other pills I have to take because of reaction to my med, is that standard.
My GP would not give any more Morphine incase of addiction.

Also indicates intermittent severe restrictions with significant restrictions at times also.

The available evidence does not suggest that the client has severely restricted musco-skeletal function, such that they would be unable to mobilise more than 50m, or transfer between seats without assistance from another person

The available evidence does not suggest that there would be substantial physical risk if the client were found capable of WRA.

I stated to them that I was practically bedridden for upto 4 months at a time.

I had a home assesment for DLA 6 months ago by a HCP [ Doctor]
Substantial impairment on foot, ankle, lower leg, knee, thigh, and hips, also slight impairment on right leg.
Substantial impairment on Lumber Spine.
Reduced balance due to limited function in back and especially left leg, and does not fully weight bear on left leg.
Needs help to dress and wash, this is consistant with clinical findings.
Speed of walk greatly reduced 2 40m/ min [Sorry could you explain this as well]

Based on clinical findings would have difficulty walking more than 15/20m at best.
Reports a number of stumbles. Noted to be unsteady, even using stick due to reduced function in back and left leg.
At risk of falling.
Difficulty standing unsupported.
Cannot bend.

Evidence of significant problems in back and legs.
New operation likely to be extremely hazardous with very little potential benefit.
Mobility is extremely limited. Hospital reports are consistant with this report.
I have also stated due to failed surgery in the past and new disc prolapse that I have limited ability to sit and stand.
Sorry for ranting on but I cannot understand how I do not Qualify dor the support group, and no points scred at all for Wrag. Baffling :blink:
ITs that funny Iam actually laughing at this. But I shouldn`t be. :(
Last edit: 11 years 11 months ago by .

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11 years 11 months ago - 11 years 11 months ago #104491 by
Replied by on topic SAR

Bud wrote: Hi Gordon
You aint heard nothing yet.

The ESA85A [ Registered Nurse]

The ESA50 indicates severe functional restrictions, however is on standard medication.

8 Tramadol, 8 Paracetamol, 6 Gabapentin, 3 diclofenac, among other pills I have to take because of reaction to my med, is that standard.
My GP would not give any more Morphine incase of addiction.

Also indicates intermittent severe restrictions with significant restrictions at times also.

The available evidence does not suggest that the client has severely restricted musco-skeletal function, such that they would be unable to mobilise more than 50m, or transfer between seats without assistance from another person

The available evidence does not suggest that there would be substantial physical risk if the client were found capable of WRA.

I stated to them that I was practically bedridden for upto 4 months at a time.

I had a home assesment for DLA 6 months ago by a HCP [ Doctor]
Substantial impairment on foot, ankle, lower leg, knee, thigh, and hips, also slight impairment on right leg.
Substantial impairment on Lumber Spine.
Reduced balance due to limited function in back and especially left leg, and does not fully weight bear on left leg.
Needs help to dress and wash, this is consistant with clinical findings.
Speed of walk greatly reduced 2 40m/ min [Sorry could you explain this as well]

Based on clinical findings would have difficulty walking more than 15/20m at best.
Reports a number of stumbles. Noted to be unsteady, even using stick due to reduced function in back and left leg.
At risk of falling.
Difficulty standing unsupported.
Cannot bend.

Evidence of significant problems in back and legs.
New operation likely to be extremely hazardous with very little potential benefit.
Mobility is extremely limited. Hospital reports are consistant with this report.
I have also stated due to failed surgery in the past and new disc prolapse that I have limited ability to sit and stand.
Sorry for ranting on but I cannot understand how I do not Qualify dor the support group, and no points scred at all for Wrag. Baffling :blink:
ITs that funny Iam actually laughing at this. But I shouldn`t be. :(


Hi B,

The only way that you can be placed into The WRAG, in that you have been assessed as having LCW , without scoring the requisite minimum of 15 points, is by way of The Exceptional Circumstances Rules, under ESA Regulation 29 :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made


bro58
Last edit: 11 years 11 months ago by .

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11 years 11 months ago - 11 years 11 months ago #104499 by Billy
Replied by Billy on topic SAR
Hi Should ESA reg 29 be on one of these SAR forms, because I cannot see anything on this.

Also, Iam sure, I read here that ESA reg 29 can also get you in the support group is that correct. Thanksthing
Last edit: 11 years 11 months ago by .

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