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incapacity to esa medical in france
- Gordon
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12 years 8 months ago #63789 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:incapacity to esa medical in france
windmill20 wrote:
The underlying question is, did you answer the questions based on the current ESA criteria, not the old ones or the questions on the form? If you did, then it is unlikely that you would suffer as a result, if you did not then there is the potential for problems.
The upside is that you would undoubtedly have excellent reasons for an appeal, although I doubt this will be of comfort if the need arises.
Gordon
This is really only an issue if you are found Fit for Work and therefore lose your benefits.Hi Gordon, I have spoken to Newcastle overseas department, the person I spoke to says that it will not make a difference at my medical which form I had. I told him I believed I had the wrong form as it was dated 27/04/2011 and that it could be detrimental to me at my medical if the doctor uses the new guidelines he still said it would be ok. I then asked who made the decision to send me for a medical and who reads the forms when they are sent in, he at first tried to say that doctors read the forms and decide who should go to a medical, I said I find that very unlikely and he then changed his mind and said a "health professional" would read the forms and decide. I think I have hit a brick wall.
The underlying question is, did you answer the questions based on the current ESA criteria, not the old ones or the questions on the form? If you did, then it is unlikely that you would suffer as a result, if you did not then there is the potential for problems.
The upside is that you would undoubtedly have excellent reasons for an appeal, although I doubt this will be of comfort if the need arises.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Worried
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12 years 8 months ago #63807 by Worried
Replied by Worried on topic Re:incapacity to esa medical in france
Hi Windmill20,
I have rang newcastle twice regarding the wrong form and the guy assured me it was not a problem. He said my french doctor would have to fill in the back page. Because of this he said it would take longer for a response because the Doctors report would have to be translated. However, I only filled in the IB50 in December and the received the ESA50 in July. They said there was a backlog and I feel the previous
form was ignored and the new form send out.
I imagine when they receive my ESA50 I will be called for a medical like yourself.
Did you send any extra information or test results with you ESA50.
Regards
Worried
The stress of this situation is causing major problems for people that are seriously ill.
I have rang newcastle twice regarding the wrong form and the guy assured me it was not a problem. He said my french doctor would have to fill in the back page. Because of this he said it would take longer for a response because the Doctors report would have to be translated. However, I only filled in the IB50 in December and the received the ESA50 in July. They said there was a backlog and I feel the previous
form was ignored and the new form send out.
I imagine when they receive my ESA50 I will be called for a medical like yourself.
Did you send any extra information or test results with you ESA50.
Regards
Worried
The stress of this situation is causing major problems for people that are seriously ill.
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- windmill20
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12 years 8 months ago #63824 by windmill20
Replied by windmill20 on topic Re:incapacity to esa medical in france
Hi Worried.
I foolishly thought common sense would prevail and that when my form was dealt with I would be put into support group so no I did not send extra info but my French GP was very good and stated quite plainly that I was incapacitated for work. What really gets me is I am 60 next year have worked all my life until 2 years ago.if I was 6months older I would not even be reviewed they have already delayed my pension by 2 years and 3 months and lets face it who is going to employ a 60 year old with health problems I am angry about the while situation, and as I live in France am I eligible to jobseekers ?ha and I can not sign on in France as I will be over there retirement age and have not paid into there system
I foolishly thought common sense would prevail and that when my form was dealt with I would be put into support group so no I did not send extra info but my French GP was very good and stated quite plainly that I was incapacitated for work. What really gets me is I am 60 next year have worked all my life until 2 years ago.if I was 6months older I would not even be reviewed they have already delayed my pension by 2 years and 3 months and lets face it who is going to employ a 60 year old with health problems I am angry about the while situation, and as I live in France am I eligible to jobseekers ?ha and I can not sign on in France as I will be over there retirement age and have not paid into there system
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- Worried
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12 years 8 months ago #64081 by Worried
Replied by Worried on topic Re:incapacity to esa medical in france
Hi Windmill20, Landlord and Gordon,
I appreciate all the information on the website. Really worried about what is happening. Cannot think straight not to mind fill in the Form. The docotor has filled in the back page and it is all in French. Will take time to translate so I imagine I will automatically be called for medical.
If I loose my benefit I will not be able to claim anything in France and be totally out of the U>K system. I am unable to work and there is no possible way I could pass a medical for a job. Totally unfair as I have worked all my life. I just don't know what to do.
The stress is causing me to panic.
I appreciate all the information on the website. Really worried about what is happening. Cannot think straight not to mind fill in the Form. The docotor has filled in the back page and it is all in French. Will take time to translate so I imagine I will automatically be called for medical.
If I loose my benefit I will not be able to claim anything in France and be totally out of the U>K system. I am unable to work and there is no possible way I could pass a medical for a job. Totally unfair as I have worked all my life. I just don't know what to do.
The stress is causing me to panic.
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- Gordon
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12 years 8 months ago #64115 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:incapacity to esa medical in france
I am sorry that we/I have added to your worries with regard to the ESA50 form.
There is no "recipe" for avoiding the medical, so I think the best thing we can suggest iis for you to be prepared for it.
It does seem likekly from the comments from Newcastle that they will be applying the new WCA criteria, irrelevant of what is contained in the form, so you should have a look, if you haven't already at the two ESA claim guides dated 03/11.
These will explain the tests in more detail and it may be worth you, if these weren't the guides you used, thinking about how you would complete a mock ESA50 using them.
Let us know how you get on.
Gordon
There is no "recipe" for avoiding the medical, so I think the best thing we can suggest iis for you to be prepared for it.
It does seem likekly from the comments from Newcastle that they will be applying the new WCA criteria, irrelevant of what is contained in the form, so you should have a look, if you haven't already at the two ESA claim guides dated 03/11.
These will explain the tests in more detail and it may be worth you, if these weren't the guides you used, thinking about how you would complete a mock ESA50 using them.
Let us know how you get on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Worried
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12 years 5 months ago #75276 by Worried
Replied by Worried on topic Re:incapacity to esa medical in france
Hi Gordon,
unfortunately my turn has come and i have been called
for a medical early next week. i can only hope i am prepared. If you remember back when i originally posted the ESA50 that I received was the previous one in use. I
unfortunately my turn has come and i have been called
for a medical early next week. i can only hope i am prepared. If you remember back when i originally posted the ESA50 that I received was the previous one in use. I
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