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TOPIC: Physical Assessment

Physical Assessment 6 months 4 days ago #189753

  • mrfibrospondodysthmatic
  • Offline
  • Posts: 80
Hi to all,

Its seems the assessors are hell bent on using the phrase....in my opinion!

In their opinions no one is sick / ill or disabled even when it means they cant do anything or are very limitied to do.

In my personal experience, its just a way for the assessors to swing the DM's decision, before the DM's have finlised there decisions to a claim.

Hence meaning we have to go for a MR or then an Appeal.

My opinion is that the assessors opinion are very often wrong lol

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Physical Assessment 5 months 4 weeks ago #190064

I telephoned the DWP re the Mandatory Reconsideration but tel again just to check it had been logged + was told that it had.

However, I’ve just had a call to “discuss” it. Initially, I was told that my MR had not been logged as this tel call had to take place first.

[Thanks v much for your guides as they gave me the information + confidence to challenge this.]

I don’t know whether I should have stopped the conversation then but it did produce some useful information – apparently, cases re someone with epilepsy have to be sent to a specialist Epilepsy Advisor but, in my case, there was a mistake + it wasn’t!

Is this actually true? I’m sceptical re just about everything the DWP tell me so the check by someone who does have expertise in this field seems too good to be true. Even if it is, do you know whether they are many of these “mistakes”? It seems unlikely that this would help my case but can only hope!

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Physical Assessment 5 months 4 weeks ago #190082

Alex

I have never heard of the DWP having a specialist advisor on Epilepsy, but they may be referring to someone from the Assessment Provider as the DWP have no in-house medically trained staff.

There has been a change in guidance with regard to Epilepsy and other conditions that present a non-specific risk to claimants, perhaps this is what they are referring to.

Gordon
The following user(s) said Thank You: Alex

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

Physical Assessment 5 months 4 weeks ago #190094

Thanks Gordon

My experience,of the Atos' epilepsy knowledge is not good so I don't have any great hope there but will see what the Mandatory Reconsideration says. Based on today's info. chances not good!

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Physical Assessment 5 months 2 days ago #191508

I've had my decision - nothing awarded. I previously had High for Mobility and Middle for Care.
I went to a Legal Centre and the lady there did/sent a Mandatory Reconsideration Requests. The response confirmed the DM's decision.
I'm now filling in the Appeal form but one of the biggest worries is that the Legal Centre is not funded to do/accompany me to the Appeal. Unless I go to another advisor (?) don't know what to do. I'm sure that people get a better result with representation - will they think I can cope with everything if I they think I can do that? Or should I actually try to find another advisor who is funded to do it. This seems awful as she's done the MR. letter to my GP etc. + is now down as my representative so should I risk it?

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Physical Assessment 5 months 2 days ago #191520

Alex

Success rates at appeal are usually higher where the claimant has a Representative, especially if they attend the hearing, but lots of people are successful at appeal without any help at all.

Will assumptions be made if you tackle it yourself, yes to some extent, but it really depends on your underlying conditions and there may be perfectly good reasons, even then, as to how you might manage. I remember a comment about the information I had supplied with my ESA50, however, when I explained that I had had to work on it everyday for no more than half an hour, they backed off.

The bottom line and I know this can be scary, if you don't pursue the appeal, with or without assistance then you won't receive an award.

Gordon
The following user(s) said Thank You: Alex, Allan

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