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second esa medical today

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12 years 10 months ago #59725 by shandy
second esa medical today was created by shandy
Hi all
I have incurable bone marrow cancer , i lost my esa in dec 2009 and i appealed and after 14 months of waiting i lost the appeal.
I reapplied for esa the da after and have been on the assesment rate prior to going to yet another medical today.Because a lot of things were wrong on the previous assesment, my husband decided to ake notes tis time. The atos healthcare person kept looking at what he was doing and then she asked what he was doing, when he told her she said she would have to go and find out if he could do that. she came back after 10 mins and said it's ok he could, she looked very uncomfortable with this, so we told her we would stop anyway and she was ok with that . I could not sit still with back pain, so I stood up and sat down at regular intervals and did the same in the waiting room, my husband heped me up and down and with the walking. We had lots of medical evidence about my bone marrow transplant, consultant and gp's letters. The actual interview and her writing everything on computer lasted over an hour.
Then she suddenly said ' I am going to end now and I am not even going to do an examination.'
Just wandering why she decided not to do an examination, would love some feedback about this, I hope it all went well, she said we would know within 2 weeks.

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  • Andy
12 years 10 months ago #59732 by Andy
Replied by Andy on topic Re:second esa medical today
Hi, Shandy

Ending the medical assessment early could be a promising sign. But the system is so ramshackle and error-prone I don't want to get your hopes up too high.

Re: TAKING NOTES. Can I encourage everyone to DO IT. Have a friend go with you to the exam. Take plenty of notes. You have every right to do so. And it may be useful and add credibility if (when!) you have to appeal. If the ATOS person is uncomfortable that's irrelevant. If they're behaving fairly and honestly they have nothing to be concerned about. The stakes for us as patients/claimants are very high and we should take every measure to ensure we get fair treatment.

Good luck!
Andy.

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12 years 10 months ago - 12 years 10 months ago #59749 by Derek4
Replied by Derek4 on topic Re:second esa medical today
The ADA obviously hasn't read her guidebook as it states very clearly that note-taking is allowed.
Last edit: 12 years 10 months ago by Derek4. Reason: spelling

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12 years 10 months ago #59801 by billkruse
Replied by billkruse on topic Re:second esa medical today
I've read that they like to take photocopies of the notes though. That seems fair enough to me.

BB

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12 years 10 months ago #59802 by billkruse
Replied by billkruse on topic Re: second esa medical today
About this; "i lost my esa in dec 2009 and i appealed and after 14 months of waiting i lost the appeal.
I reapplied for esa the da after and have been on the assesment rate prior to going to yet another medical today"

I thought once you lost the appeal you couldn't try again to get ESA for the same illness or affliction for six months or something similar unless it had got markedly worse. Did you reclaim on the grounds that you had indeed got worse? If so it seems to me that anyone with a degenerative condition could reapply indefinitely as by definition it's always getting worse.

BB

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12 years 10 months ago #59803 by Gordon
Replied by Gordon on topic Re:second esa medical today
Bill

The rules are that you cannot make a new application for ESA within six months or the original decision, not the Tribunal. The exceptions to this are if you can show you have a new disability, which in itself would make you unfit to work, or you can demonstrate a deterioration in your existing condition.

You have to remember that this rule dates back to happier times when Tribunals were heard within a couple of months of the Decision date. So yes, it is possible to have two or even more claims running in parallel, if you have waited a long time for a Tribunal.

Gordon

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

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