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still waiting for atos report but have new problem

  • rappa
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13 years 11 months ago - 13 years 11 months ago #19045 by rappa
just to mention that I have occupational health doctors reports saying that i come under the banner of. disabilty discrimination act. does this help for appeal purposes.
Last edit: 13 years 11 months ago by Crazydiamond. Reason: Post merged for continuity purposes.

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  • rappa
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13 years 11 months ago - 13 years 11 months ago #19046 by rappa
Hi Bella, spoke to soon been turned down today 28th. got 9 points for hands not working properly. nothing for back, cant bend over! have appealed today see were we go with it.
Last edit: 13 years 11 months ago by Crazydiamond. Reason: Post merged for continuity purposes.

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13 years 11 months ago #19069 by Crazydiamond
Replied by Crazydiamond on topic Re:earlier posting today , failed esa on medical
rappa wrote:

just to mention that I have occupational health doctors reports saying that i come under the banner of. disabilty discrimination act. does this help for appeal purposes.


No, I'm afraid not. The DDA does not apply to the social security acts, which include the statutory right of appeal.

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

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  • Catherine
13 years 11 months ago #19072 by Catherine
Replied by Catherine on topic Re:just refused esa
I am very concerned about several issues raised in this thread.

I cannot understand why people are waiting months just to receive the result of a medical? Doesn't the computer (or whoever carries out the medical) complete the report after the claimant has left and thereafter it just becomes a basic admin exercise? IB claimants used to get the result within a matter of days or a week or so. This is totally unacceptable.

I assume it must be backdated, but this wait must lead to a delay in accessing the full ESA rate? Everybody who has been subjected to such delay and has some form of supportive evidence to demonstrate resulting hardship and/or distress suffered, should be entitled to compensation for the clear maladministration.

I also cannot understand why decision-makers do not do reconsiderations if claimant's are able to come up with additional supportive medical evidence to get the necessary points or meet exemption criteria. I thought reconsiderations were there to save vulnerable claimants from prolonged distress and deteriorating health whilst waiting months and months for their appeal to be heard?

Regarding the disability discrimination act - why does this not apply to the services provided by the DWP? Where are the special adjustments to help people with disabilities access the benefits they are entitled to?

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13 years 11 months ago #19077 by bellaboo
Hi Rappa
Glad you've decided to appeal.Wishing you good luck with it all. I've still had no results back but as I already mentioned maybe they've just not bothered as I'm now retired.
I'm sat here wondering who on earth I'm going to vote for next thursday,I think they all have the same agenda regarding the sick and disabled!
kind regards
Bella :)

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  • rappa
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13 years 11 months ago #19114 by rappa
Hi Bella,well after gordons gaff last night i think we know what he thinks about ordinary people. or as he said "that women" very nasty. sorry hes got to go! best wishes to you, Rap.

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