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Could last year's ESA85 have been used as evidence
- mumsgirl
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13 years 3 months ago #63586 by mumsgirl
Could last year's ESA85 have been used as evidence was created by mumsgirl
I sent my ESA50 form away on 13th July and am I just awaiting a medical date (it would be nice to avoid it, but I doubt it!). This morning I looked at last years ESA85 to see the date of the medical (I was trying to see how long it took from sending the form away till getting the medical), and I remembered she wrote something about me. Under mental state where they write about appearance etc she wrote, as a fact "she was curt, in her answers especially at the start of the interview and wanted to know if I was a trained psychiatric nurse who understood mental health issues." So I was just wondering if I could have used the "she was Curt" bit for q17 as I've been told my behaviour upsets others but I don;t know why. Or would it not have mattered anyway because she didn't actually say she was upset by my behaviour? And that was in October, so it would be out of date anyway? Or if it could've helped me this time I presume it's too late to send it in now?
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- Gordon
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13 years 3 months ago #63619 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Could last year's ESA85 have been used as evidence
mumsgirl
I am afraid there seems to be a double standard in the system relating medical reports. The DWP repeatably use reports, up to a year old, to show that a claimant fails to meet the ESA or DLA tests, usually the latter, but call them out of date, when used by the claimant to show they pass the tests.
You are entitled to present whetever evidence you choose, but it is reasonable for a Decision Maker or a Tribunal panel to give a year old report less weight than a recent one.
If you want to include the ESA85, then you need to send a copy to the DWP and ATOS, with a cobering note. Make sure you also take a copy with you to the medical, in case it does not make it through the system in time.
Gordon
I am afraid there seems to be a double standard in the system relating medical reports. The DWP repeatably use reports, up to a year old, to show that a claimant fails to meet the ESA or DLA tests, usually the latter, but call them out of date, when used by the claimant to show they pass the tests.
You are entitled to present whetever evidence you choose, but it is reasonable for a Decision Maker or a Tribunal panel to give a year old report less weight than a recent one.
If you want to include the ESA85, then you need to send a copy to the DWP and ATOS, with a cobering note. Make sure you also take a copy with you to the medical, in case it does not make it through the system in time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- DRAGON2009
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13 years 3 months ago #63623 by DRAGON2009
Replied by DRAGON2009 on topic Re:Could last year's ESA85 have been used as evidence
I'd like to add top this.
1. The reference to being curt is a small detail, it wont get you all that far onm its own, we can all be curt occasion ally
2. It could also be used to show you are confident assertive and alert, so remember it might help with one descriptor and not others
As regards old reports it is true that a fresh one carries more weight (in this area of functional (not truly medical) assessment But each attendance at assessment is really a snapshot of that day, if what you say, along with a series of past reports be they NHS or ATOS, then you cxan argue that this counts for more than one 'snapshot'
1. The reference to being curt is a small detail, it wont get you all that far onm its own, we can all be curt occasion ally
2. It could also be used to show you are confident assertive and alert, so remember it might help with one descriptor and not others
As regards old reports it is true that a fresh one carries more weight (in this area of functional (not truly medical) assessment But each attendance at assessment is really a snapshot of that day, if what you say, along with a series of past reports be they NHS or ATOS, then you cxan argue that this counts for more than one 'snapshot'
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