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Substantial risk/ Out of date Sick notes
- despair
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10 months 3 weeks ago #286191 by despair
Substantial risk/ Out of date Sick notes was created by despair
Howdy y'all,
I've just found out that despite Doc's letter confirming I have CFS and GAD and depression, I was awarded 0 points - surely that is totally wrong - and only got into SG due to a Psychotherapist confirming sub. risk rule applied to me.
DWP told me that letter is 'out of date' and "we don't accept permanent sick notes".
Two people made the 2 points that a) they still apply as they are part of my medical records.
b) what is the point of asking Doc. & therapist to reconfirm existing letters - just putting a new date on them?
The sub.risk letter confirms my condition is long term with indefinite prognosis as recovery is unlikely.
I don't understand why, if the sub.risk if found fit for work letter got me into SG without a WCA f2f,
why I'm now due for a Vid assessment next week.
Do I really have to get 'updated' supporting letters? Can I get extra time to do so?
Can they boot me out of SG having declared them 'out of date' ?
What can I do about an assessor ignoring CFS and other diagnoses?
How come no one else asks here about the 'out of date' evidence?
I've just found out that despite Doc's letter confirming I have CFS and GAD and depression, I was awarded 0 points - surely that is totally wrong - and only got into SG due to a Psychotherapist confirming sub. risk rule applied to me.
DWP told me that letter is 'out of date' and "we don't accept permanent sick notes".
Two people made the 2 points that a) they still apply as they are part of my medical records.
b) what is the point of asking Doc. & therapist to reconfirm existing letters - just putting a new date on them?
The sub.risk letter confirms my condition is long term with indefinite prognosis as recovery is unlikely.
I don't understand why, if the sub.risk if found fit for work letter got me into SG without a WCA f2f,
why I'm now due for a Vid assessment next week.
Do I really have to get 'updated' supporting letters? Can I get extra time to do so?
Can they boot me out of SG having declared them 'out of date' ?
What can I do about an assessor ignoring CFS and other diagnoses?
How come no one else asks here about the 'out of date' evidence?
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- Gordon
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10 months 3 weeks ago #286221 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Substantial risk/ Out of date Sick notes
d
I'm afraid this is correct.
Unlike the ESA Activities where it is reasonable to claim ongoing limitations at a review, this is not the case for the Substantial Risk Regulations, where you must re-establish your meeting the criteria every time you are assessed.
So yes, if you are only in the SG due to Substantial Risk then you can lose your SG status if you fail to prove you still meet the criteria.
As you appear to have had a Decision then your next option is to request a Mandatory Reconsideration. You have one month from the date of the Decision Letter to request an MR, however, you can make a Late request provided you can show Good Cause for the delay and the DWP accepts this. Sourcing evidence should be accepted for this.
Gordon
I'm afraid this is correct.
Unlike the ESA Activities where it is reasonable to claim ongoing limitations at a review, this is not the case for the Substantial Risk Regulations, where you must re-establish your meeting the criteria every time you are assessed.
So yes, if you are only in the SG due to Substantial Risk then you can lose your SG status if you fail to prove you still meet the criteria.
As you appear to have had a Decision then your next option is to request a Mandatory Reconsideration. You have one month from the date of the Decision Letter to request an MR, however, you can make a Late request provided you can show Good Cause for the delay and the DWP accepts this. Sourcing evidence should be accepted for this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- despair
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10 months 3 weeks ago #286238 by despair
Replied by despair on topic Substantial risk/ Out of date Sick notes
No, as I said, assessmt is next week. Can I get extra time to reconfirm status?
Again, how can it be right to get 0 points if you have CFS, depession & anxiety?
Again, how can it be right to get 0 points if you have CFS, depession & anxiety?
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- Gordon
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10 months 3 weeks ago #286245 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Substantial risk/ Out of date Sick notes
d
If this is the first appointment then you can cancel it, I would not do this until the day before to maximise the time to provide additional evidence.
If it is already the second appointment then you must participate or you risk your claim being closed.
As to the CFS, depression and anxiety. ESA is not awarded for the conditions that the claimant has but rather for the limitations that result from them in regard to the various ESA activities.
If you didn't score then I think we have to assume that you did not provide convincing testimony and evidence as to how you are affected for each activity. Which Activities did you expect to score for?
Gordon
If this is the first appointment then you can cancel it, I would not do this until the day before to maximise the time to provide additional evidence.
If it is already the second appointment then you must participate or you risk your claim being closed.
As to the CFS, depression and anxiety. ESA is not awarded for the conditions that the claimant has but rather for the limitations that result from them in regard to the various ESA activities.
If you didn't score then I think we have to assume that you did not provide convincing testimony and evidence as to how you are affected for each activity. Which Activities did you expect to score for?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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