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ESA Mandatory Reconsideration Notice sent early

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6 years 3 months ago #204138 by Gordon
Layla

There is a list of WRA in the ESA Claim guide due to mental health issues starting on page 22 onwards.

Remember this is just the DWP's view on the subject, a Tribunal panel may disagree with them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204160 by layla28
I realise that my GP will need to inform DWP that she considers there would be a substantial risk to my mental health if I have to undertake any work-related activities and state what the risks would be. This situation is already causing a deterioration in my mental health - but for purposes of my appeal, is it advisable for my GP to include a statement in her letter about the deterioration in my health? I think I have read somewhere on here before that the Tribunal would not take any deterioration into account after a decision has been notified? I feel the Decision Maker has been negligent because my GP has already informed DWP that stress exacerbates my symptoms and makes my condition worse, but this (as well as other medical evidence provided by my GP) is not reflected in the HCP's Report, nor in the Decision letter, nor is it reflected in the DWP's MR Notice. I wrote in my grounds for appeal that I feel the DM has been negligent in the decision-making process and feel that they failed to consider the recurrent nature of my condition and my vulnerability to relapse. I feel the DM has been negligent because they have not considered the high probability that expecting me to be able to meet the conditions of WRAG would cause me immense stress, putting me at a substantial risk of my mental health worsening. Should my GP include a statement in her letter about the deterioration in my health since I discovered the decision or not?

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6 years 3 months ago #204172 by Gordon
Layla

The Appeal panel cannot take into account any changes in your conditions that have occurred since the Decision was made, however, if your GP provided a letter warning that this would happen if you were placed in the WRAG, then they could write a "told you so..." letter, indicating the problems you are now having.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204181 by layla28
My GP didn't provide a warning letter about what would happen if I were placed in the WRAG because this was not something I had even thought about or expected. When I received ESA50 I felt too overwhelmed by it and was unable to complete or return it. The DWP accepted my reasons - that due to my current state of health I was unable to complete it. My GP wrote a letter to give an up to date account of my situation, stating that stress makes my condition worse and that I am at risk of my mental health worsening if stressful situations arise, but this and other medical evidence is not reflected in the HCP report - so the DM did not consider the probability that placing me in the WRAG would be likely to cause an increase in my symptoms and put me at risk of my mental health worsening. I am unsure whether my GP could write a told you so letter based on the fact the DM has not acknowledged that stress makes my condition worse?

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6 years 3 months ago #204202 by Gordon
Layla

As you are now going to an appeal, it is the opinion of the panel that is important, not the Decision Maker.

I'm a bit confused about the GP letter, from your post they have commented on how your conditions could worsen so I don't see at reason why they cannot comment on your situation now and how the stress of being in the WRAG has effected you, as they predicted.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: layla28

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6 years 3 months ago #204226 by layla28
About my GP letter - an ESA50 arrived in my post beginning January 2017 - I was so anxious about the thought of the re-assessment process and was so overwhelmed by the ESA50 that I was unable to complete or return it. My GP's letter stating details of my current situation is dated January 2017 - I sent this to DWP because I was unable to complete ESA50. My GP also completed a Factual Form (FRR2) in February 2017 - this was sent directly to my GP from Centre for Health and Disability Assessments. I was not aware that my GP had received or completed the FRR2 for CHDA - I only became aware of this at end-August 2017 - after I made a request to CHDA to see personal information held on about me. In the FRR2 my GP provided detailed information, including that I am at risk of my mental health worsening if stressful situations arise. I have had telephone consultations with my GP since beginning of 2016. My last telephone consultation with my GP was just before Christmas - the 10 minute phone consultation was not long enough for me to be able to explain to my GP about the implications of being placed in the WRAG - my GP said she could only write me another letter repeating what she has already informed DWP, but I told her that it will need to be more than a repeat of information she has previously given. My GP said that she wants me to go to see her for an appointment, I have a friend who will accompany me to the appointment, but I feel so anxious about the whole situation and I know that I will need to convey to my GP the implications of me being placed in the WRAG, to enable her to understand that a repeat of her previous letter with a new date will not be enough. Do you still think I should wait to receive the DWP's submission and the customised list of work-related activities they think I can do, and delay seeing my Doctor until I have the list? I never thought I would be moved to the WRAG, so my GP's letter in January 2017 did not state anything about how the stress of being in WRAG would affect me - it stated that stress precipitates and makes my condition worse and that my mental health is at risk of worsening if stressful situations arise. Please let me know whether you still think it's worth me waiting to receive the DWP's submission and list of work-related activities before I have the consultation with my Doctor? Or ask her to comment on my situation now and the stress it is causing me? For appeal purposes my understanding is that my GP would need to be clear that any information she provides now is retrospective, and applied to me before the date of the decision?

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