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ESA medical assessment
- Coburg
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7 years 10 months ago #161276 by Coburg
ESA medical assessment was created by Coburg
Hi everyone,
I need some advice if anyone has been in a similar situation. So I have been asked to attend a medical assessment on the 23rd June as part of my ongoing ESA claim, however I am due to have major surgery on my left leg on 11th July. I have to attend a number of clinics/scans prior to the surgery all of which take place next week. My original claim was for an injury to my right leg sustained during my time in the Army, I have to date had 14 operations on the leg which has created the problem with the left leg and has left me immobile. My question is, if I attend the medical prior to having major surgery and they find me "fit for work" and my ESA is stopped, I then have my surgery just 2 weeks later, will I be forced to start a new claim from scratch again?
The DWP were made aware of the surgery dates etc so it seems to me they have deliberately sent through this assessment notice to attend just prior to the surgery with a view to causing problems with my ESA claim.
Thank you in advance
Phil
I need some advice if anyone has been in a similar situation. So I have been asked to attend a medical assessment on the 23rd June as part of my ongoing ESA claim, however I am due to have major surgery on my left leg on 11th July. I have to attend a number of clinics/scans prior to the surgery all of which take place next week. My original claim was for an injury to my right leg sustained during my time in the Army, I have to date had 14 operations on the leg which has created the problem with the left leg and has left me immobile. My question is, if I attend the medical prior to having major surgery and they find me "fit for work" and my ESA is stopped, I then have my surgery just 2 weeks later, will I be forced to start a new claim from scratch again?
The DWP were made aware of the surgery dates etc so it seems to me they have deliberately sent through this assessment notice to attend just prior to the surgery with a view to causing problems with my ESA claim.
Thank you in advance
Phil
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- Gordon
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7 years 10 months ago #161323 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical assessment
P
Welcome to the forum
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I'm afraid there is no point your talking to the DWP about your assessment, they have delegated all authority for this to Maximus, so I would start be calling them about the situation.
www.chdauk.co.uk/contact-us
Your main problem is that the assessment looks at your limitations at a point in time, they cannot look forward to how the operation will affect you and even if they did then they will likely expect there to be an improvement in your health.
If this is your first appointment then you can cancel it in the hope that a second one is booked for when you are in hospital, but there are considerable risks associated with this. Maximus book no more than three weeks in advance, so it is possible that a new appointment could still be booked before your operations which you would need to attend as you can only rearrange once. Also, they lack imagination when dealing with claimants failing to attend a second appointment and may still return your file to the DWP even though you are in hospital, so cancelling may not solve your problem.
If you are found Fit for Work then you can appeal the Decision.
Being in hospital would automatically qualify you for the WRAG if you then made a new claim.
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'm afraid there is no point your talking to the DWP about your assessment, they have delegated all authority for this to Maximus, so I would start be calling them about the situation.
www.chdauk.co.uk/contact-us
Your main problem is that the assessment looks at your limitations at a point in time, they cannot look forward to how the operation will affect you and even if they did then they will likely expect there to be an improvement in your health.
If this is your first appointment then you can cancel it in the hope that a second one is booked for when you are in hospital, but there are considerable risks associated with this. Maximus book no more than three weeks in advance, so it is possible that a new appointment could still be booked before your operations which you would need to attend as you can only rearrange once. Also, they lack imagination when dealing with claimants failing to attend a second appointment and may still return your file to the DWP even though you are in hospital, so cancelling may not solve your problem.
If you are found Fit for Work then you can appeal the Decision.
Being in hospital would automatically qualify you for the WRAG if you then made a new claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Coburg
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7 years 10 months ago #161527 by Coburg
Replied by Coburg on topic ESA medical assessment
Hi Gordon,
Thanks for taking the time to reply, its much appreciated. Just as an update, I contacted Maximus who have put the assessment back by 1 month which is past the date of surgery and may grant a home visit.
I thought it might have gotten better under Steven but it appears to be "others" that have the power to decide what happens at DWP.
Keep up the good work peeps.
C
Thanks for taking the time to reply, its much appreciated. Just as an update, I contacted Maximus who have put the assessment back by 1 month which is past the date of surgery and may grant a home visit.
I thought it might have gotten better under Steven but it appears to be "others" that have the power to decide what happens at DWP.
Keep up the good work peeps.
C
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