ESA claim with regard to brain injury.

DizzyLizzy wrote: I have seen the GP this morning and explained what is stopping me working. I presented her with my reasons, paperwork relating to me stroke and physio (which is dated l2010-2013) and her response to me was ..

"It is entirely appropriate you are signed off for work " and agreed to write me a 3 month fit note to " give me breathing space to get the applications sorted."

I made great strides in recovery in the first three years from total dependence in HDU (sit, stand, see, swallow, speak properly) to living independently. My situation plateaued and I am now pretty much as I was and as well as I am likely to get. My GO knows this.

Having read through a number of people's threads over the last few days my question is..

How is possible/legal that someone who is basically an administrator override our GPs medical opinions on our capability to work? I have whole the size of a maltesrer in my brainstem, I am inordinately lucky to be alive and functioning anywhere near as well as I can on good days or bad, ever mind able to hold down a job.

I have some very obvious but far more less obvious neuro deficits to live with and I am sad to say I have already resigned myself to having to get up in front of a tribunal. I feel sick.

Sorry, just sounding off I guess.

Hi DL,

I am afraid that a fit note provided by a G.P. is only accepted as proof that you are unfit for work (Have Limited Capability for Work [LCW] ) until you have gone through your ESA WCA and a decision has been made.

The decision made as a result of your WCA will then take effect, so if you were found fit for work, the fit note would no longer have relevance.

If you were placed into The WRAG you would be assessed as being unfit for work in that you had LCW.

If you were placed into The SG, you would have been assessed as not only having LCW but as also having Limited Capability for Work Related Activity. [LCWRA]

If you were placed into The WRAG or The SG you would no longer have to provide fit notes to DWP ESA.

bro58

Thanks. So what happens whilst the MR and appeal process carry on? Any idea on the timescales for that these days?

I'm just trying to work out how long this might all be going on for from a stress level point of view.

TIA. x

DizzyLizzy wrote: Thanks. So what happens whilst the MR and appeal process carry on? Any idea on the timescales for that these days?

I'm just trying to work out how long this might all be going on for from a stress level point of view.

TIA. x

Hi DL,

The MR process can take between 4-8 weeks on average !!

If you then go on to appeal to The TS, that can take a further 4-12 weeks for a hearing, on average.

If you had requested an MR of a fit for work decision, and they can only find you fit for work if you have taken part in a face to face assessment first, you would not receive any ESA payments whilst the MR process was ongoing, but you can claim JSA with reduced conditionality to gain some income if you need it.

If the MR was unsuccessful, and you appealed to The Tribunal Service (TS), you could revert back to ESA once the TS accept your appeal.

If you requested an MR of a WRAG decision you would continue to receive ESA at WRAG rate whilst the MR/Appeals process was ongoing.

I think that you may be jumping the gun somewhat !!

Let's take it one step at a time and react accordingly !!

bro58

Hi DL, l picked up on your thread as I am in a similar situation as your good self. I also suffered a stroke which permanently damaged my Cerebellum and brain stem, they both share the same blood supply.
Like you I have had a long fight to gain some sort of semblance of normality. However I have recovered as much as I am ever going to do.

I have been left with severe balance difficulties and constantly suffer falls. I have no feeling on my right side and have developed a post stroke pain syndrome and suffer severe pain on a daily basis. After walking a short distance my right leg and foot becomes heavy and I end up dragging my foot as I cannot lift it.
I have claimed both ESA andPIP and have received support group and enhanced in both mobility and care.
My main deficit is my mobility and being able to cook,shower and clothe myself and those were the descriptors I concentrated on.

Hope this is of help.

L

"Nor have you learned to better deal with or adapt to your limitations since your last assessment."

I just read this line on a reply to someone else today. I therefore take it for example, that any strategies you have in place to compensate for impairments are to all intents and purposes held against you?

Have I misread that? It's highly pertinent to me as all of my recovery is based on neuro plasticity and compensation strategies following years of both in and out patient o/t and p/t.

I have for the most part learned to check everything with my left hand before doing stuff with my right because of very little sensation. There was none but now I do have some feedback but I still quite regularly drop plates and cooking stuff ending up with minor burns. I don't expect anyone to cook for me or supervise, it's a risk I chose to take in order to be independent but by the same token I don't expect anyone to say I am fit to go take a job in McDonald's because I have adapted! Which I couldn't do for many reasons, but you get my point.

Any advice on how to approach this please?

DizzyLizzy wrote: "Nor have you learned to better deal with or adapt to your limitations since your last assessment."

I just read this line on a reply to someone else today. I therefore take it for example, that any strategies you have in place to compensate for impairments are to all intents and purposes held against you?

Have I misread that? It's highly pertinent to me as all of my recovery is based on neuro plasticity and compensation strategies following years of both in and out patient o/t and p/t.

I have for the most part learned to check everything with my left hand before doing stuff with my right because of very little sensation. There was none but now I do have some feedback but I still quite regularly drop plates and cooking stuff ending up with minor burns. I don't expect anyone to cook for me or supervise, it's a risk I chose to take in order to be independent but by the same token I don't expect anyone to say I am fit to go take a job in McDonald's because I have adapted! Which I couldn't do for many reasons, but you get my point.

Any advice on how to approach this please?

Hi DL,

As it was I who made that statement, what I am basically saying is, that one should not just assume that the Assessors/DWP will take it that your medical conditions are the same, and that your resulting limitations still qualify you for an award at a reassessment.

You must spell this out for them clearly.

One of the reasons given by DWP for the continual assessment and reassessment merry-go round which takes place even for claimants with chronic, progressive conditions is that even though their medical conditions may be "life-long" their resulting limitations may have altered and/or they may have learned to better deal with or adapt to their limitations.

So, my comment is to counter that scenario !

You will always be assessed afresh on how you are at the time of the assessment/reassessment, not how you were at your last assessment or at any other time in the past.

bro58