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how to get help from the gp

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10 years 5 months ago #113057 by lesjo
Replied by lesjo on topic how to get help from the gp
Sorry Mods it seems I have posted the last bit of info twice, I must be going senile, or its the oramorph clouding my mind. please feel free to delete the last post if you so wish. sorry again

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  • bro58
10 years 5 months ago - 10 years 5 months ago #113068 by bro58
Replied by bro58 on topic how to get help from the gp

leslie wrote: Thank you Bro,
Here is my opening paragraph,
To the decision maker,
Dear sir/Madam
Following my request for an appeal against the decision to remain me in the work related group, I requested an appointment with my doctor which was on the 30th Oct and she has written a letter of support, which is enclosed. I have also had my medical records sent to me. Although a good few notes were illegible, I have enclosed a copy of the relevant facts and supporting evidence which I feel will help in the revision of my claim. I will talk you through the dates and explain below .
The reason I am appealing is that, It is my opinion that it would be detrimental to my mental and physical health if found not to have limited capability to work as the more I do, the worse my discomfort and Pain gets, I also feel I fall into the following category for the descriptors to be included within the support group, with regard to the fact that for the majority of the time I cannot repeatedly mobilise and walk 50 meters within a reasonable timescale because of significant discomfort, which is supported by my doctors letter. With regard to this descriptor, I also feel I must make you aware that I cannot use a wheelchair for this action unless I am being pushed by another person as my discomfort would be significantly increased if I used my arms to propel myself, and now, as I have had further degeneration in my cervical spine which causes problems with both arms and it would be impossible for me to do. I also cannot use a walking stick due to these further problems, this is further supported by my doctors letter.
I also feel I fit another two descriptors, but must be clear that it is questionable as to whether it is for the majority of the time, although I would say it is very frequently that I have problems with these activities.
Transferring from one seated position to another. Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. And the last is Reaching.
Cannot raise either arm as if to put something in the top pocket of a coat or jacket.


Hi l,

You don't really have to include this extract :

"The reason I am appealing is that, It is my opinion that it would be detrimental to my mental and physical health if found not to have limited capability to work "

Which seems to be citing ESA Reg 29 unnecessarily, as you are already in The WRAG, and therefore have been deemed to have Limited Capability for Work. (LCW)

If you want to use exceptional circumstances rules for entry to The SG, it is Limited Capability for Work Related Activity (LCWRA), as at ESA Reg 35 :

ESA Reg 35 for entry to The SG (LCWRA)

Further you would have to give detail of how and why there would be "Substantial Risk" it is not enough to simply state that there would be.

It is up to you how you phrase the letter, and we can't tell you what to write, but personally I always shy away from "doing their job for them"

"I also feel I fit another two descriptors, but must be clear that it is questionable as to whether it is for the majority of the time, although I would say it is very frequently that I have problems with these activities."

It would suffice to say that you feel that you "may" qualify under the descriptors above, and suffer the stated limitations "very frequently".

Don't forget with respect to the SG, it does not only have to be for the majority of the time, but also for the majority of the times that you attempt the activities, which is somewhat different :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

You could also cite the actual Schedule 3 Descriptors, for clarity :

SG (LCWRA)Schedule 3 Descriptors

bro58
Last edit: 10 years 5 months ago by bro58.

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10 years 4 months ago #114532 by lesjo
Replied by lesjo on topic how to get help from the gp
Just had my 2nd reconsideration and have been placed in the support group, thanks for the help mods

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10 years 4 months ago #114534 by Gordon
Replied by Gordon on topic how to get help from the gp

leslie wrote: Just had my 2nd reconsideration and have been placed in the support group, thanks for the help mods


Congratulations.

Gordon

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

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  • bro58
10 years 4 months ago - 10 years 4 months ago #114537 by bro58
Replied by bro58 on topic how to get help from the gp
Great News l !!! :cheer:

Well done !!!

bro58
Last edit: 10 years 4 months ago by bro58.

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