Last minute evidence

ccactus
wrote:

I appealed against the decision made at my medical in December 2010, i explained my condition had got much worse, but to may avail

Hi cc,

Don't forget that the decision made by the Tribunal would have been pertaining to your condition at the time of the adverse decision, which appears to be circa Dec 2010.

Was the fresh evidence that you provided pertaining to your condition and limitations at that time, or at some time since then ?.

You can make a fresh claim for ESA, if more than 6 months have elapsed, which appears to be the case, or if your condition has deteriorated.

cheers

bro58

Mrs Hurtyback wrote:

ccactus
wrote:

Hi I promised that I would post the outcome of my tribunal, I failed, it seems that ruptured discs in the neck and limited movement of the head and arm, osteoarthritis of the spine etc do not count as being unfit for work!! I am aware that I now have to claim jsa, but I don't know what job I am suppose to do, what do I do? Go on jsa, and then resubmit sick notes to go through the whole process again, any advice would be much appreciated.

Doesn't sound as if there is much hope for me then as I 'only' have ruptured discs in my back ...

then you will have a problem as drs have strange views on discs .. without commenting on anyones case as all are different .. and you need to see your dr about your case ..what can be said is what text books say and its this .. an example

Although injury to the outer covering of a disc can cause pain, often a herniated disc by itself does not cause any discomfort
the example i used goes on to say
Most herniated discs heal on their own over time (one to six months).


I am sure most people here with such a problem will disagree

www.cedars-sinai.edu/Patients/Health-Con...r-Ruptured-Disc.aspx

mods posted this to show mind set of drs not to advise anyone person on there problem thats for there dr to do but as esa claims with back problems are very high I thought this might be of use ?

Hi, yes the evidence was pertaining to my medical, I have had this problem for years the new evidence was an up date, as my condition has got worse. I am at present attending a pain management clinic to help, with the veiw to an operation if this fails, but both my consultant and pain mangement Dr, agree that I have very limited movement in neck and arm. Glad to read that I can go back on ESA, but how do I do that, must I first apply for jsa and then send in sick note?

originaldave wrote:

Mrs Hurtyback wrote:

ccactus
wrote:

Hi I promised that I would post the outcome of my tribunal, I failed, it seems that ruptured discs in the neck and limited movement of the head and arm, osteoarthritis of the spine etc do not count as being unfit for work!! I am aware that I now have to claim jsa, but I don't know what job I am suppose to do, what do I do? Go on jsa, and then resubmit sick notes to go through the whole process again, any advice would be much appreciated.

Doesn't sound as if there is much hope for me then as I 'only' have ruptured discs in my back ...

then you will have a problem as drs have strange views on discs .. without commenting on anyones case as all are different .. and you need to see your dr about your case ..what can be said is what text books say and its this .. an example

Although injury to the outer covering of a disc can cause pain, often a herniated disc by itself does not cause any discomfort
the example i used goes on to say
Most herniated discs heal on their own over time (one to six months).


I am sure most people here with such a problem will disagree

www.cedars-sinai.edu/Patients/Health-Con...r-Ruptured-Disc.aspx

mods posted this to show mind set of drs not to advise anyone person on there problem thats for there dr to do but as esa claims with back problems are very high I thought this might be of use ?

Thanks Dave, useful as always. The DWP have now published A-Z of Medical Conditions see here -
www.dwp.gov.uk/publications/specialist-g...-medical-conditions/

Thanks, that IS helpful - even if it was not what I wanted to hear! I had an MRI post surgery that shows there is still some disc impinging on the nerve root and also increased uptake of contrast material - which suggests continuing inflammation of, and around, the nerve. I also have a letter from my surgeon stating that, in his opinion, this will not get better (as it is now nearly 1 year after surgery). All I can do is submit the evidence and keep my fingers crossed!!

ccactus wrote:

Hi, yes the evidence was pertaining to my medical, I have had this problem for years the new evidence was an up date, as my condition has got worse. I am at present attending a pain management clinic to help, with the veiw to an operation if this fails, but both my consultant and pain mangement Dr, agree that I have very limited movement in neck and arm. Glad to read that I can go back on ESA, but how do I do that, must I first apply for jsa and then send in sick note?

Hi cc,

I would make an appointment to see your G.P. and inform him that you wish to make a fresh claim for ESA, and ask if he will provide you with a Med Cert to cover you.

Tell him of the most recent findings in the evidence that you mention and how your conditions have worsened since the time of your last ESA assessment decision.

See if you can gain further support from your consultant, pain clinic also.

Once you have the Med Cert you will then be able to make a fresh claim for ESA.

A lot of G.P.'s will even backdate Med Certs, although not all of them.

cheers

bro58