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TOPIC: esa reconsideration appeal

esa reconsideration appeal 1 week 5 days ago #174647

helen1234 wrote:
i believe i met the criteria because i can not mobilise 20 meters or more without suffering chronic discomfort and chronic pain due to prolasped disc in lower back and sciatica down leg and also Arthritis in knee,there are also other disabling illnesses but these are the ones i am concentrating on ,also because of other ailments to propel a wheelchair would not be possible

Then you need to make this clear in your MR submission.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa reconsideration appeal 1 week 5 days ago #174648

i have already been through the mr, i am now in the middle of going to appeal.please read the previous posts
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esa reconsideration appeal 1 week 5 days ago #174649

helen1234 wrote:
i have already been through the mr, i am now in the middle of going to appeal.please read the previous posts

The same thing applies - you will need to make it clear to the tribunal panel that you cannot self-propel if you hope to score points on this descriptor.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa reconsideration appeal 6 days 15 hours ago #175182

gordon ,have had a letter back from atos complaints team ,basically just fudged every issue i raised,saying to each item i stated ,"the hcp is no longer with us so we cannot comment on what was or was not stated on the day " the only statement they did agree to was the comment she wrote down about me having to rise 3 times during the assessment due to back pain she wrote it was because of mental health problems ,this they said was an error and said sorry ,some of the issues they didnt even comment on . i phoned yesterday to atos in regards to their letter and explained i was unsatisfied with their response,whilst talking to them i questioned what this med3 was that had been used with other info by the hcp,they told me it was what i would have called a sick line ,i explained that i had received my appeal papers and that was not included within them ,she suggested i ring esa and ask them for a copy of it to be sent to me ,which i did , as a result i was told by a dm that they did not have a med3 on me as i had been on long term sick with no breaks ,so the hcp told lies when she said she used it as evidence on my medical,phoned atos again with this info they suggest i write another letter explaining this ,to be honest i am tired if writing letters that get no real response ,just fobbed of,can you give me any guidence on where i should go from here ,is there any other bodies that can make atos sit up and take notice of what i have told them
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esa reconsideration appeal 6 days 13 hours ago #175203

  • Gordon
  • OFFLINE
  • Forum Moderator
Helen

If have now had a formal response from ATOS then you can escalate the complaint the Independent Case Examiner. See

www.gov.uk/government/organisations/independent-case-examiner

We often see a Med-3 mentioned in the ESA reports, we think it is auto generated by the software used to create the report, although there should be an opportunity for the assessor to remove the reference.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa reconsideration appeal 6 days 13 hours ago #175212

looked at that site gordon part of it quotes "received a final response from the agency or business that explains that you can bring your complaint to us if you’re not satisfied with their response"so i will have to wait on another reply from them before i can go down this route,but its good to know that it is an option.the lady on the phone from atos said she would talk to the clinical director tomorrow and tell him all i have said ,she promised to phone tomorrow and tell me what he said
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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