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TOPIC: esa reconsideration appeal

esa reconsideration appeal 5 months 2 weeks ago #160918

Gordon ,is this not a contradiction ,,"The evidence does not suggest that there is severe function restrictions.Otherwise her condition history and typical day are consistent with todays observations and findings and her reported level of limitations suggests that significant functional restriction is likely at this time .There is no evidence of substantial risk to physical health. This is a paragraph from the medical assessors personalised summary statement .
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esa reconsideration appeal 5 months 2 weeks ago #160932

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helen1234 wrote:
Gordon ,is this not a contradiction ,,"The evidence does not suggest that there is severe function restrictions.Otherwise her condition history and typical day are consistent with todays observations and findings and her reported level of limitations suggests that significant functional restriction is likely at this time .There is no evidence of substantial risk to physical health. This is a paragraph from the medical assessors personalised summary statement .

It certainly does and it is certainly something to raise, but anomalies like this won't win you your appeal, just devalue the report.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa reconsideration appeal 5 months 2 weeks ago #160933

yes that has been part of my reconsideration info ,that the DM ,had not been given the correct details on the medical form to make an informed decision on my claim also what does ‘The non-functional descriptors were not considered for this case as curtailment applied.
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esa reconsideration appeal 5 months 2 weeks ago #160938

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helen1234 wrote:
yes that has been part of my reconsideration info ,that the DM ,had not been given the correct details on the medical form to make an informed decision on my claim also what does ‘The non-functional descriptors were not considered for this case as curtailment applied.

The "non functional descriptors" are the Exemption and Exceptional Circumstances Regulations. The former refers to a set of conditions that allow automatic qualification, as an example; receiving some types of cancer treatment would come under this heading. The latter refers specifically to Regulations 29 and 35 which provide a catch all for claimants who have significant health problems but do not match any of the "normal" descriptors.

Both of these are explained in more detail in the ESA Claim guide.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa reconsideration appeal 5 months 2 weeks ago #160940

Gordon have tried to get into WCA handbook but it won`t let me
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esa reconsideration appeal 5 months 2 weeks ago #160941

  • Gordon
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helen1234 wrote:
Gordon have tried to get into WCA handbook but it won`t let me

What error are you getting?

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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