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TOPIC: Health Assessment (my journey) :-(

Health Assessment (my journey) :-( 1 month 2 weeks ago #228911

A bit of an update..

The good news is that after a couple of phone calls they have reinstated my ESA at assessment rate. They have made one payment and said they will make the backdated payment in a couple of days.

The bad news is that I have received another letter from the tribunal saying I have 14 days to send in my submission.

The trouble with this is that I'm struggling to decipher this "book" they have sent me as it's all set out with a lot of legal terms.

A few things that do stand out is that they say that.

1. The decision maker made an assurance call to gather further evidence but the claimant was unable to provide any further information.

The person that called me only called to say that my ESA had been stopped and that I should claim UC, hedidn't ask me any more questions.

2. It mentions acceptable levels of pain and says "the activities do not have to be performed without any discomfort or pain".

Surly this isn't right?

3. It says that because my last appeal was in 2015 that clause (C) applies of regulation 19 (8).

4. They also say that my last appeal was won on more of the mental health side of my conditions and I've not mentioned it much in this case.

I have mentioned it many times in my own paperwork I have submitted, the the questioner and the assessment stuck with the physical side of my conditions.

So they really seem to say they don't have any new evidence, but I wouldn't as I'm just continuing with my medication as prescribed by my doctor, although I do now have a fit note that lists my conditions.

Sorry for the long post and if it's a bit all over the place but I'm really at a loss here :(

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Health Assessment (my journey) :-( 1 month 2 weeks ago #228939

Stressed

I'll answer your question below, but the focus of your submission must be how you meet the ESA criteria and why the assessor's and DM's arguments that you do not are incorrect. You can deal with all the peripheral arguments but an award will only be made because it is justified.

1. Don't spend more than a minute or two dealing with this.

2. You are not required to carry out any of the ESA activities pain-free but any pain that limits your ability complete an activity should be taken into account. ESA refers to "significant discomfort", "significant pain" is considered to be worse.

3. Ignore. It just about who made the last Decision, the Tribunal rather than a DM.

4. Can't comment but if you do not think it is correct then say so.

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

Health Assessment (my journey) :-( 1 month 2 weeks ago #228978

Thank you Gordon

I've been looking at the guides and it says that the submission should be kept brief (two sides of an a4 paper).

So should I just say how I disagree with the assessment because of the fact the severity of my conditions were not taken into consideration (I'll give a few examples) and some of the report was false (I'll give a few example of this as well).

And then give a short description of my conditions and how they affect me on a day to day basis.

I can also include a copy of my fit note as it lists all my conditions.

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Health Assessment (my journey) :-( 1 month 2 weeks ago #228980

Stressed

Yes, you can do this but first, make sure that you have shown that you meet the criteria, go through your claim form, the assessment report and the PIP Claim guide.

Gordon
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Health Assessment (my journey) :-( 1 month 2 weeks ago #228984

Gordon wrote: Stressed

Yes, you can do this but first, make sure that you have shown that you meet the criteria, go through your claim form, the assessment report and the PIP Claim guide.

Gordon


This is what I did when I made the MR and again when I made the appeal.

Is there something else in particular I should be looking at?

For example when I made my MR I listed every point I scored for each segment and then said why i thought it was wrong and what points I thought should apply.

Are you saying I should do the same again as that would be a lot more that two a4 pages?


Thanks again for all your help

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Health Assessment (my journey) :-( 1 month 1 week ago #229003

Stressed

If you are happy that you explained your problems in detail then you don't need to repeat yourself but you did have a question about pain and how it impacts on you, which suggests that you may not have explained yourself well.

Gordon
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