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ESA CLAIM turned DOWN

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7 years 2 months ago #179359 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Thank you for your reply, Gordon. I shall contact the DWP tomorrow morning. It's usually easier to get through to them if I ring early.

I have had osteoarthritis affecting my hips, cervical and thoracic spine (these are all confirmed by X ray and MRI scan) and lower back pain (cause yet to be confirmed) for many years and the GP included this, amongst other illnesses, on previous fit notes. Several years ago, I was awarded DLA for life because of the mobility issues caused by the osteoarthritis and lower back pain (I know that in the near future I will be invited to make a new claim for PIP, as the criteria for the benefit has changed).
The lower back pain and osteoarthritis were included on the ESA 50 form and assessed by the HCP. I was awarded no points for any health issue at the assessment.
After much nagging, the GP finally referred me to the orthopaedic team for a diagnosis for the lower back pain, but this was not until after the assessment.
Although my GP has written a short letter confirming my health conditions and supporting my claim, she is reluctant to write a full report. The GP thinks it would be better coming from the physiotherapist.
I am now concerned that although the back problem was present at the assessment it will not be relevant at the tribunal, because the panel will assume it has deteriorated since the assessment because the referral and tests weren't done until after the assessment.
Any thoughts from you would be appreciated.

Best wishes
SandR

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7 years 2 months ago #179370 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN

SandR wrote: I am now concerned that although the back problem was present at the assessment it will not be relevant at the tribunal, because the panel will assume it has deteriorated since the assessment because the referral and tests weren't done until after the assessment.
Any thoughts from you would be appreciated.

Best wishes
SandR


You need the Consultant doing the MRI to state that it would apply to the date of the Decision appealed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #180308 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi

I have now received a copy of my MRI scan for my lumbar spine and the accompanying report.

It's easy to get a photocopy of the written report to send with my appeal but is it advisable to send a copy of the MRI disc if I can get one done? or should the written report be enough.

Best wishes
SandR

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7 years 2 months ago #180363 by slugsta
Replied by slugsta on topic ESA CLAIM turned DOWN
It is unlikely that DWP or Maximus will have anyone expert in reading MRIs. A copy of the report should be more than adequate.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #180372 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi Mrs Hurtyback

I thought that this might be the case.

I just wanted to check.

Best wishes
SandR
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7 years 2 months ago #181263 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi

As I have mentioned previously I was awarded no points at the assessment. I have been finishing off my written submission ready to post this week.

It does seem very long, running to almost 10 pages. As I have osteoarthritis from the cervical to lower spin and in both hips and Meniere's disease. I think I should have scored 15 points in the moving around section and points (but not the maximum) in several other sections.

Would it better if I concentrated on the categories that I would score the most points in or I should I write about the difficulties I have in each of the categories where I think I should have scored points?

Regards
SandR

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