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Failed medical assessment and found fit for work.
- Phil
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7 years 9 months ago #163408 by Phil
Replied by Phil on topic Failed medical assessment and found fit for work.
Hi Gordon,
I've just been to my latest JSA interview, where I was told that my medical condition does not stop me from attending fortnightly interviews and doing jobsearch even though my fitnote says I'm unfit for work.
So if I want to receive JSA, I'm going to have to comply with this or receive nothing, which I can't afford to do at the moment.
I understand that I can ask to be put back on ESA once an appeal form has been accepted by the tribunal. Is this the case ?
Phil
I've just been to my latest JSA interview, where I was told that my medical condition does not stop me from attending fortnightly interviews and doing jobsearch even though my fitnote says I'm unfit for work.
So if I want to receive JSA, I'm going to have to comply with this or receive nothing, which I can't afford to do at the moment.
I understand that I can ask to be put back on ESA once an appeal form has been accepted by the tribunal. Is this the case ?
Phil
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7 years 9 months ago #163410 by Gordon
We have not seen this happen before and I would certainly challenge it with your JC+ advisor and their supervisor if necessary, the Fit Note has been issued for medical reasons and your advisor is not qualified to challenge the view of your GP. The following explains how Fit Note should be handled.
search3.openobjects.com/mediamanager/rea...claimant_leaflet.pdf
Yes, you can claim ESA at the assessment rate once an appeal has been accepted but you cannot make an appeal until you have received notice of your MR being completed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Failed medical assessment and found fit for work.
Phil wrote: Hi Gordon,
I've just been to my latest JSA interview, where I was told that my medical condition does not stop me from attending fortnightly interviews and doing jobsearch even though my fitnote says I'm unfit for work.
So if I want to receive JSA, I'm going to have to comply with this or receive nothing, which I can't afford to do at the moment.
I understand that I can ask to be put back on ESA once an appeal form has been accepted by the tribunal. Is this the case ?
Phil
We have not seen this happen before and I would certainly challenge it with your JC+ advisor and their supervisor if necessary, the Fit Note has been issued for medical reasons and your advisor is not qualified to challenge the view of your GP. The following explains how Fit Note should be handled.
search3.openobjects.com/mediamanager/rea...claimant_leaflet.pdf
Yes, you can claim ESA at the assessment rate once an appeal has been accepted but you cannot make an appeal until you have received notice of your MR being completed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Phil
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7 years 8 months ago #165661 by Phil
Replied by Phil on topic Failed medical assessment and found fit for work.
Gordon,
I have still heard nothing regarding my MR but today I received the personal information that I requested last month.
I was looking specifically for the points that I was awarded on my first assessment back in 2012.
I was awarded 15 points for Manual Dexterity. Also, the health care professional wrote in his report,
"The client was found to have a significant level of disability due to Dupuytren's contracture at the examination, suggesting they had limited capability for work. The evidence does not indicate that there will be a substantial improvement."
Bearing in mind this was 4 years ago and my condition is worse now than it was back in 2012, I would hope that this would go in my favour at an appeal.
It's a pity this information took over a month to arrive as I could have sent it off with my MR letter.
Phil
I have still heard nothing regarding my MR but today I received the personal information that I requested last month.
I was looking specifically for the points that I was awarded on my first assessment back in 2012.
I was awarded 15 points for Manual Dexterity. Also, the health care professional wrote in his report,
"The client was found to have a significant level of disability due to Dupuytren's contracture at the examination, suggesting they had limited capability for work. The evidence does not indicate that there will be a substantial improvement."
Bearing in mind this was 4 years ago and my condition is worse now than it was back in 2012, I would hope that this would go in my favour at an appeal.
It's a pity this information took over a month to arrive as I could have sent it off with my MR letter.
Phil
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7 years 7 months ago #167571 by Phil
Replied by Phil on topic Failed medical assessment and found fit for work.
Hi Gordon,
I've received the mandatory reconsideration letter from DWP and as expected they have not reversed the decision saying,
"You say your condition has not improved since the last medical but you have not enclosed any further medical evidence to support your view"
So the fact my doctor gave me a fitnote without hesitation counts for very little with the decision maker.
Anyway, what I really wanted to ask is, should I send a copy of the fitnote and some other papers relating to my first medical in with the appeal form, or just send the appeal form with the mandatory reconsideration notice on its own?
Phil
I've received the mandatory reconsideration letter from DWP and as expected they have not reversed the decision saying,
"You say your condition has not improved since the last medical but you have not enclosed any further medical evidence to support your view"
So the fact my doctor gave me a fitnote without hesitation counts for very little with the decision maker.
Anyway, what I really wanted to ask is, should I send a copy of the fitnote and some other papers relating to my first medical in with the appeal form, or just send the appeal form with the mandatory reconsideration notice on its own?
Phil
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7 years 7 months ago #167594 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Failed medical assessment and found fit for work.
Phil
They are looking for more than a Fit Note. ESA does not directly consider your ability to work but rather looks at your ability to successfully complete a variety of activities, if you meet sufficient of these then you are considered as being unable to work.
You don't need to end any evidence with your SSCS1, in fact you should wait to do so until you have received the DWP submission to the appeal, although you should start work on preparing your response now.
Gordon
They are looking for more than a Fit Note. ESA does not directly consider your ability to work but rather looks at your ability to successfully complete a variety of activities, if you meet sufficient of these then you are considered as being unable to work.
You don't need to end any evidence with your SSCS1, in fact you should wait to do so until you have received the DWP submission to the appeal, although you should start work on preparing your response now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #174292 by Phil
Replied by Phil on topic Appeal won.
Hi Gordon,
Thanks for your help. I've just won my appeal and have been placed back in the work related group with the tribunal recommending not to reassess within 2 years.
The LTA54 really helped because they could see exactly why I was awarded 15 points at my previous assessment in 2012. Without that evidence it may have been touch and go. So thanks for putting me onto that.
Will I get the money back that the DWP have stopped over the last few months now the appeal has been won ?
Phil
Thanks for your help. I've just won my appeal and have been placed back in the work related group with the tribunal recommending not to reassess within 2 years.
The LTA54 really helped because they could see exactly why I was awarded 15 points at my previous assessment in 2012. Without that evidence it may have been touch and go. So thanks for putting me onto that.
Will I get the money back that the DWP have stopped over the last few months now the appeal has been won ?
Phil
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