SAR

Bud wrote: Sorry Bro I get it now, it takes a few times to go through this thick skull of mine

No problem B,

If you look at the wording of ESA Reg 29 (2) (b) that gives you LCW and entry to WRAG ;

" 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."

It is the same as the wording of ESA Reg 35 (2) (b), that gives you LCWRA) entry to The SG :

" 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."

The only difference is ESA Reg 35 states :

" limited capability for work-related activity"

Whereas ESA Reg 29 states :

" limited capability for work."

ESA Reg 29 gives LCW - WRAG

ESA Reg 35 gives LCWRA - SG

bro58

Thanks Bro

I keep getting mixed up with LCW, and LCWRA.

Iam finding it difficult to understand all this, Iam not pulling the wool over anyone`s eyes.

I personnally think Iam placed in WRAG not because of my condition, but because I have not filled the ESA50 properly.
It is taking me a while to understand this ESA.
Try and be patient with me when I ask a question a few times I will get it in the end and won`t forget it

Bud wrote: Thanks Bro

I keep getting mixed up with LCW, and LCWRA.

Iam finding it difficult to understand all this, Iam not pulling the wool over anyone`s eyes.

I personnally think Iam placed in WRAG not because of my condition, but because I have not filled the ESA50 properly.
It is taking me a while to understand this ESA.
Try and be patient with me when I ask a question a few times I will get it in the end and won`t forget it

Hi B,

Hopefully, you will gain some clarity from The DWP.

bro58

Hi
I finally got my SAR papers from my GP this morning.
Could I ask you a few questions, to see if this would help me in any way

In the HCP report I feel she is trying to discredit me about the painkillers, have a look at this and give me your opinion, Thanks

HCP
The MED3 confirms surgical treatment and the ESA50 indicates long standing back and leg problems. The ESA50 indicates severe functional restrictions but is on standard medication.

Have a look at my Neurosurgeon report from 1999 , and could you tell me, the part in these papers about pain killers, would this in your opinion turn this argument in my favour.


Also on the wheelchair part of mobilising could I say I have reduced ability to sit, and it would be unreasonable to ask me to sit in a wheechair, as it only exacerbates my condition causing me extreme pain.

My Report
Thank you for asking to see Mr ....... again who has indeed done very badly following his lumber discectomy. He feels now that his leg pain is worse than it was before the operation and the painkillers hardly touch it. He walks with a stiff back and a limp due to pain and finds sitting very uncomfortable, Attempts to flex the spine produce severe exacerbations of his leg pain. He does have an unpleasant dysaethetic type feeling in his left calf area.

In view of his post-operative MRI scan, the most likely problem here is tethering of the nerve root and /or compression of the nerve root. There is no satisfactory treatment for this.

She has totally blanked out my new disc prolapse which I had recently, which has made my condition considerably worse, and has not mentioned anything at all about it