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Contradiction in terms ESA medical report

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11 years 8 months ago #92515 by Pipp
I am so grateful to all who contribute to this forum, as I am learning so much about this seemingly corrupt benefits system. Sometimes it scares and depresses me though.

Can anyone give me further advice or information on what I should do now?

I have been placed in WRAG migrated from Incapacity benefit. I won't be eligible on income grounds for further benefit after a year. That is because my husband ( who took early retirement to care for me) has been wise ( daft) enough to plan for our future by having an occupational pension which we thought would keep us head above water until we both reach state retirement age in 5 to 7 years time. Assuming of course that goal post isn't moved again. If my ESA and most likely DLA is removed then our income will be halfed, although we will be just above the threshold for eligibility for any income related benefits. We are not eligible for free legal aid to support an appeal of WRAG to Support group, and have been advised that cost for legal support will be £180 an hour.

I have started the appeal process and DWP has informed me that they will look again at their decision. They want me to provide any other evidence to support my claim. My consultant ( 2 abdominal operations pending which will mean I will be incapacitated for at least another 12 to 15 months) has refused to get involved or write a report on my condition). I also have other disabling arthritic and allergy conditions, which have previously meant I received DLA high rate mobility and middle rate care. If my GP has provided a report, who else can give evidence? Would information from my husband or others who spend time with me be acceptable? What else can I offer as evidence? Any advice would be welcome, as I fear that I am becoming totally obsessed and losing the plot.

Thanks
PC

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11 years 8 months ago #92536 by slugsta
Replied by slugsta on topic Re:Contradiction in terms ESA medical report
Yes, you can include a statement from your husband and other people who know you. They will need to state how they know you and how your condition affects you - don't forget to tailor this to suit the Support Group criteria that you believe you meet.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 8 months ago #92537 by Gordon
PC

A quick word about the evidence you can provide, the DWP and a Tribunal panel can only look at evidence that was relevant to to the time of the original Decision, this means that the information regarding your pending operations cannot be looked at.

In terms of evidence, you can request a copy of your medical records, this may give you access to letters that your Consultant has written to your GP, see

Requesting your medical records

Charging for medical records

Your husband, relatives, friends, and anybody you provides you with care, can write a letter in support of your claim. In addition to testifying to your limitations, they need to explain their relationship and how often they see you, the less frequent the visit, the less weight the testimony will have.

If you have more questions, please reply to this thread.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 8 months ago #92538 by Pipp
Thank you,
The information regarding pending surgery was on my original ESA application. My main disabling conditions are the arthritis and allergies.

Will statements from friends and voluntary work group be relevant?

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11 years 8 months ago - 11 years 8 months ago #92539 by Gordon
PC wrote:

Thank you,
The information regarding pending surgery was on my original ESA application. My main disabling conditions are the arthritis and allergies.

Will statements from friends and voluntary work group be relevant?

The DWP Decision Maker must consider them, but it is impossible to say how much weight they will give them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #92540 by slugsta
Replied by slugsta on topic Re:Contradiction in terms ESA medical report
I have just had a successl reconsideratin, the only additional evidence I provided was statements from my husband and friends (2 of whom are, or have been, carers although not for me).

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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