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Forthcoming Medical Assessment (ESA)

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6 years 4 months ago #203157 by Mikey
I recently submitted the form for my ESA Work Capability Asessment - after receiving advice from this forum I also included a letter from my Doctor (who stated that a decision to return me to work would be harmful to my medical condition) a letter from a friend who cares for me and documents relating to my mental health medical history. Just received word back. I have to attend a medical first week in January.

I was hoping I wouldn't have to face a medical. I'm quite surprised by the DWP's decision! The last time I submitted forms with the aforementioned letters and documents I was placed straight back into the ESA (Support Group).

Could you provide me with advice for the forthcoming medical? Would it be helpful if I obtained another letter from my Doctor to take with me to the medical? Any other medical reports or letters that will help me?

Thanks

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6 years 4 months ago #203183 by Gordon
Replied by Gordon on topic Forthcoming Medical Assessment (ESA)
Mikey

The decision on whether a face to face is required or not is made by Maximus not the DWP.

One of the reasons you may have been asked to attend is your GP letter. As it is described in your post it only qualified you for the WRAG not the SG!

Our ESA Claim guides have a section on the assessment and questions you are likely to be asked.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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

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6 years 4 months ago #203203 by Mikey
Replied by Mikey on topic Forthcoming Medical Assessment (ESA)
One of the reasons you may have been asked to attend is your GP letter. As it is described in your post it only qualified you for the WRAG not the SG!???
Really?

I have arranged an appointment with my doctor. Would it help if he supplied me with another letter to take with me to the medical? Could you advise me on the content of the letter - with regard to qualifying for the support group?

I am able to supply medical reports to take with me to the medical. Are there any other particular ones which may help me?

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6 years 4 months ago #203217 by Gordon
Replied by Gordon on topic Forthcoming Medical Assessment (ESA)
Mikey

Have a look at the Substantial Risk section in the ESA Claim guides. Risk of harm from working counts for the WRAG and the risk of harm from Work Related Activity is for the G.

You want your GP to write about your problems with completing the ESA Descriptors that result in an SG Award.

Diagnosis letters, letters showing on-going treatment and ones that attest directly or by implication to your limitations.

Gordon

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

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6 years 4 months ago #203260 by Mikey
Replied by Mikey on topic Forthcoming Medical Assessment (ESA)
With regard to a Doctor's letter concerning work related activities and substantial risk . I seem to remember that there was a Doctor's letter that one could download from this site - it mentioned 'Regulation 35: 'Because of your physical or mental health condition or disability there would be a substantial risk to the mental, or physical health of any person, including you, if you were found not to have limited capability for work related activity.'

I understand that the letter was designed to be used for an appeal if - after an assessment - the patient had been found fit for work.

1) Is the letter still available to download?
2) Could a similar letter be used to help a claimant at a medical assessment?

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6 years 4 months ago #203264 by Gordon
Replied by Gordon on topic Forthcoming Medical Assessment (ESA)
Mikey

It wasn't a letter that we provided, I believe it was generated by Black Triangle, my personal opinion and I stress that it is my opinion, is that it is inadequate for the task as all it requires the GP to do is basically sign the letter without any explanation of why they think it is applicable to the claimant.

If you want you GP to comment then they first need to understand what you would be asked to do if you were placed in the WRAG in the way of WFIs and WRA.

There must be a specific named condition or bodily disablement that leads to the risk.

The risk must be substantial. Decision Makers are told

"A risk is substantial where the harm or damage to the person’s health would be serious, and could not be prevented or mitigated. It is not minor or trivial. It may be immediate, or in the longer term. The risk of harm has to be caused by the individual claimant’s physical or mental health condition, and be triggered by being required to work or found not to have LCWRA."

This is not a job for a template letter, it needs to be specific to the claimant and their problems to have effect.

Gordon

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

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