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7 years 3 weeks ago #185391 by Patricia Moloney
No recent consultant or hospital reports was created by Patricia Moloney
I am writing on behalf of my sister who suffers with arachnoiditis which is a neurogenic pain condition. She was retired due to ill health in 1993 as she was considered 75% disabled. There is no known cure the only way this condition is managed is with strong pain medication via primary care. It is a debilitating condition as the pain is relentless. She was in the support group but when she recently submitted her ESA50 04/15 she was found fit for work 0 points. I submitted request for a mandatory reconsideration but had to do this without the medical report as despite frequent calls and two letters they did not send it out. Again the decision maker ignored all of the points we raised and awarded 0 points. They did not appear to use any of the information on the ESA50 04/15.

We have managed at last to get a copy of the medical reports and to my horror the Healthcare Professional lied and made several serious errors within this report. I have now submitted an appeal but really need advice as to what to do when you do not have any current hospital reports.

I should add at this point that she recently paid for a full body scan as her pain level is now acute most of the time. Her surgery has referred her to the chronic pain clinic to be reviewed.

We have obtained a copy of the letter which detailed her condition and all of the treatments she has had in the past. We have submitted this with the appeal but are unsure if this will be enough.

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7 years 3 weeks ago #185402 by Gordon
Replied by Gordon on topic No recent consultant or hospital reports
Trixie

Do you know how she qualified last time?

I know we keep saying this but an award is not made but because of the conditions but the effect they have on the claimants ability to complete the ESA activities. I'm not saying that the condition is not important, it testifies to the problems that the claimant has, but points will only be scored by show that she meets exactly the ESA Descriptors.

I would start by going back through her ESA50, the assessment report and our ESA Claim guides. For each Descriptor that she expected to score for make sure that you have explained in detail why she does, be careful as many of the ESA Descriptors have multiple elements and all of these must be satisfied to score.

Treat the Descriptors as they are written, don't be tempted to try and stretch them to meet her conditions, this will only lead to failure, you must map her conditions and the problems that result on them.

Activities must be done repeatedly, safely and to a reasonable standard, so if she would have problems doing this then highlight this for the appeal.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

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6 years 11 months ago #187638 by Patricia Moloney
Replied by Patricia Moloney on topic No recent consultant or hospital reports
Thanks for coming back to me, Patricia had completed the ESA 50 giving detailed information against the descriptors. In fact although she didn't refer back to her previous form they were practically identical. Her condition has deteriorated over the years but as there is no cure she is still managed through primary care. Unfortunately we are among the people where the Healthcare Professional made so many mistakes on her report we thought it may have been someone else's. He made reference to an accident in 1993, she never had an accident. Reference to mental health issues, she has never had any mental health issues. We are aware that it is not the condition it is the effect it has on her ability to function.

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6 years 11 months ago #187639 by Patricia Moloney
Replied by Patricia Moloney on topic No recent consultant or hospital reports
Sorry forgot to mention that we are unaware on what descriptors she passed on the last time as it went to appeal and all she got was a letter telling her that she now qualified for ESA SG.

Is there a way we can obtain the information from DWP?

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6 years 11 months ago #187655 by Gordon
Replied by Gordon on topic No recent consultant or hospital reports
[quote="trixie
" post=187639]Sorry forgot to mention that we are unaware on what descriptors she passed on the last time as it went to appeal and all she got was a letter telling her that she now qualified for ESA SG.

Is there a way we can obtain the information from DWP?[/quote]

They should be on the Decision Notice from the Tribunal.

Gordon

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

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