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Question regarding Access to the Medical Report.

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13 years 1 month ago #47873 by pauldcox3
Hello All

Sorry if this is a bit convoluted, but this is my first post!

Following a recent review of my claim for ESA I was moved from the support group to the Work Related activity group. This was despite my condition deteriorating since my initial medical with Atos in November 2009, and having supplied two medical reports to this effect. The decision was made as a paper exercise without a further medical.

I have widespread osteoarthritis in most joints, gross deformity of both legs, a degenerative spinal condition and severe mobility problems. I suffer permanent chronic/severe pain for which I am prescribed Oxycontin and Oxynorm. I was medically retired from work in January 2010.

I wrote to the DWP on 22 January asking them to reconsider the decision in the first instance,and failing that to proceed to appeal. I could not understand how they had arrived at the conclusion that my condition had improved when the two medical reports supplied to them said the opposite. I asked the DWP to verbally outline why the decision was made. I was given a very vague response which just said that I did not meet one or more of the descriptors, nothing more.

As yet I have had no response from the DWP. In my letter I also requested a copy of the medical advisor's report which to date I have not received. I am aware that there is a one month timescale to lodge an appeal. I presume that my letter whilst asking them to reconsider the decision will meet the requirements in terms of the appeal process. However, I would welcome a view on this. Also, should I be writing a further letter requesting the medical advisor's report prior to receiving a formal response from the DWP?

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13 years 1 month ago #47878 by Gordon
pegaso

I think the first thing you need to do is to get face to face advice. Your local CAB or Welfare Rights office should be able to help.

Being put in the Support Group, is dependant on you being able to demonstrate that you meet one or more of the relevant criteria, these are listed in page 25 of the Understanding ESA guide in the Members area.

In addition to requesting the latest medical report, you should also request the one from 2009, as this will indicate which criteria you were found to have met, when put in the Support Group.

Whilst the DWP may accept your letter as intent to appeal, you are normally expected to complete a GL24, a copy can be downloaded from the following site.

www.dwp.gov.uk/docs/gl24dwp.pdf

If you have more questions, please come back to the forum.

Gordon

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

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13 years 1 month ago #47882 by pauldcox3
Thanks Gordon

The decision letter was dated 19 January 2011. When I phoned the DWP they asked me to send a letter asking them to reconsider, however in my letter I said 'As advised I write to request that this decision is reconsidered and to formally appeal this decision'.

I met with CAB last Tuesday. A previous appointment had been cancelled by them. I now have a GL24. However, they advised me to wait for the response from the DWP before taking it further.

I am now concerned that I am almost out of time re the one month rule. Do you suggest I complete and send the GL24 by guaranteed delivery tomorrow? The DWP will then receive it on Friday.

Do I need at this juncture to give detailed reasons in section 8 of the GL24?


Many thanks.

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13 years 1 month ago #47885 by Gordon
pegaso

As you have asked for a Reconsideration / Revision of the Decision, then you will have have four week from the date that this decision is made. That said I would mention this on the GL24 as a reason for you being outside of the original four weeks, if you are.

You do not need to give detailed reasons on your GL24, especially as a Reconsideration is already underway.

Gordon

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

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13 years 1 month ago #47889 by pauldcox3
Thanks again Gordon

Do you suggest that I wait for the further decision and then send the GL24 if the decision is not changed, or send it now for the avoidance of doubt?

Regards Paul

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13 years 1 month ago #47898 by Gordon
I can't give specific advice, but the GL24 is just starting a process, you don't have to submit all your evidence at this time and it can always be withdrawn at a later date.

Gordon

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

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