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Waiting for Assessment decision and confusing letter received.
- Gordon
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8 months 3 weeks ago #288583 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Waiting for Assessment decision and confusing letter received.
N
You can't call the assessor a liar but you can imply it so I would talk about their misunderstanding what was said or drawing conclusions from evidence not in fact.
Correct the record, I do not go shopping myself my son does it for me if you can, refer back to your review form if this was mentioned there.
Decision Makers have short attention spans so I would not provide a long list, pick the top two or three.
Gordon
You can't call the assessor a liar but you can imply it so I would talk about their misunderstanding what was said or drawing conclusions from evidence not in fact.
Correct the record, I do not go shopping myself my son does it for me if you can, refer back to your review form if this was mentioned there.
Decision Makers have short attention spans so I would not provide a long list, pick the top two or three.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Nathan1965
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8 months 3 weeks ago #288598 by Nathan1965
Replied by Nathan1965 on topic Waiting for Assessment decision and confusing letter received.
Hi Gordon, thanks for this. I am not sure it will be possible to whittle it down to just two or three points as there are lots of totally invented statements that completely undermine my claim. They are quite damaging, erroneous statements directly attributed to me which are demonstratably false,
I was also wondering whether I should add something with regard to the substantial risk section, where I do believe I am vulnerable. They have written in this section that there is no risk. However the only way I can cope with any social interaction whatsoever, is to take tranquilizers, which I am prescribed long-term for severe anxiety to be taken on an as needed basis. I have been told by my doctor and psychiatrist to keep this to an absolute minimum as benzodiazapines are highly addictive, are linked to an increased risk for cancer and dementia and cause rebound anxiety. NICE recommend that they should not normally be prescribed for longer than a month due to these inherent dangers. Therefore, should I point out that finding me capable for work related activity would seem to put me at substantial risk with regards to both mental AND physical health as I would have to heavily medicate in order to cope? I would be very grateful for your take on this as it seems worth mentioning, but I don't want to swamp them with too much info as per your advice.
I was also wondering whether I should add something with regard to the substantial risk section, where I do believe I am vulnerable. They have written in this section that there is no risk. However the only way I can cope with any social interaction whatsoever, is to take tranquilizers, which I am prescribed long-term for severe anxiety to be taken on an as needed basis. I have been told by my doctor and psychiatrist to keep this to an absolute minimum as benzodiazapines are highly addictive, are linked to an increased risk for cancer and dementia and cause rebound anxiety. NICE recommend that they should not normally be prescribed for longer than a month due to these inherent dangers. Therefore, should I point out that finding me capable for work related activity would seem to put me at substantial risk with regards to both mental AND physical health as I would have to heavily medicate in order to cope? I would be very grateful for your take on this as it seems worth mentioning, but I don't want to swamp them with too much info as per your advice.
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8 months 3 weeks ago #288641 by Nathan1965
Replied by Nathan1965 on topic Waiting for Assessment decision and confusing letter received.
Hi, I submitted a question last night, but haven't had a reply. Did the question go through or do I need to submit it again?
Thank you.
Thank you.
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8 months 3 weeks ago #288643 by Nathan1965
Replied by Nathan1965 on topic Waiting for Assessment decision and confusing letter received.
Sorry, I've just noticed that Gordon hasn't posted today, so is probably away. Wasn't meaning to seem impatient, just thought that perhaps I didn't end up submitting my question as my medication is making my memory very bad at the moment.
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8 months 3 weeks ago #288652 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Waiting for Assessment decision and confusing letter received.
N
All I am saying is that the longer the list the less likely a DM is to take account of those items in the second half, so make sure you prioritise the most important to the top.
If you think you meet the Substantial Risk Regulations then you should certainly mention it but make sure that you understand the criteria.
There are two Regulations, for each the following must be considered.
First, there must be "some specific disease or bodily or mental disablement". Whilst it is not mentioned you should assume that this means a diagnosed condition that you are receiving treatment for.
Next, "by reasons of such disease or disablement", so the specific condition must be the root cause of the risk not some collection of problems.
And lastly, there would be a "substantial risk to the mental or physical health of any person". Substantial should be taken as meaning far more than above average, whilst it is not a legal definition you might be looking at the tenth percentile.
The above is first applied to Limited Capability for Work once reasonable adjustments to the work place have been made and/or the taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you.
Next, it is applied to Work Related Activity. There is a list of activities that the DWP consider to be WRA in the ESA/UC Claim guide, you will need to show that you could not complete these, note; work is not included in this list.
Gordon
All I am saying is that the longer the list the less likely a DM is to take account of those items in the second half, so make sure you prioritise the most important to the top.
If you think you meet the Substantial Risk Regulations then you should certainly mention it but make sure that you understand the criteria.
There are two Regulations, for each the following must be considered.
First, there must be "some specific disease or bodily or mental disablement". Whilst it is not mentioned you should assume that this means a diagnosed condition that you are receiving treatment for.
Next, "by reasons of such disease or disablement", so the specific condition must be the root cause of the risk not some collection of problems.
And lastly, there would be a "substantial risk to the mental or physical health of any person". Substantial should be taken as meaning far more than above average, whilst it is not a legal definition you might be looking at the tenth percentile.
The above is first applied to Limited Capability for Work once reasonable adjustments to the work place have been made and/or the taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you.
Next, it is applied to Work Related Activity. There is a list of activities that the DWP consider to be WRA in the ESA/UC Claim guide, you will need to show that you could not complete these, note; work is not included in this list.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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