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TOPIC: Faulty physical examination.

Faulty physical examination. 3 weeks 3 days ago #200183

Hi. Daughter has ESA Tribunal next week. I am not new to representing at Tribunal. Putting this here in case anyone has similar experiences. Her musculo skeletal exam was carried out by passive movement ..she was not asked to move any limbs herself. Work Capability Handbook states the examination must. NEVER be done this way. Looks to me like her right to a competent examination was horribly compromised. Other things wrong too. As my physio say you could move a quadraplegic's limbs by lifting them..it tells nothing. Interested to hear of others experiences. How often is this happening?

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Faulty physical examination. 3 weeks 3 days ago #200196

  • Gordon
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Dawnie

Have you raised the issue in your daughter's submission?

Whilst I agree it invalidates the test, the Tribunal panel will be much more interested in the problems that she has with moving her limbs.

Gordon

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

Faulty physical examination. 3 weeks 2 days ago #200250

Yes I have Gordon. We are talking about a girl who cannot even use her hands to write properly she has had to word process since age 5 and with x ray evidence too. It is just contrary to natural justice as Decision Maker fed duff facts.
Best Wishes...I should say she has a load of other stuff going on too. We have physio reports ..proper evaluation of range of movement etc.

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Faulty physical examination. 3 weeks 2 days ago #200271

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Dawnie

If you are hoping to score for the Reaching and Manual Dexterity activities then make sure you fully understand the Descriptors for these, the tests are very restrictive.

Gordon

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Faulty physical examination. 3 weeks 2 days ago #200273

Thanks Gordon....the biggest issue is her lack of mobility which they.accept but say could be mitigated by a self propel wheelchair. There is no way she can self propel due to a combination of joint , muscle and heart problems. If they can accept this at full value I will be very pleased.
Thank you for your help.

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Faulty physical examination. 3 weeks 2 days ago #200292

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Dawnie wrote: Thanks Gordon....the biggest issue is her lack of mobility which they.accept but say could be mitigated by a self propel wheelchair. There is no way she can self propel due to a combination of joint , muscle and heart problems. If they can accept this at full value I will be very pleased.
Thank you for your help.


Did you include this information on the original ESA50 or in her submission. Don't assume that those looking at her claim will understand that her joint, muscle and heart problems would preclude her from using a manual wheelchair, you need to spell it out specifically.

Gordon

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