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12 years 4 months ago #72371 by gavinkus
Replied by gavinkus on topic Re:wrag
hi bro 58
there is no mention of doctors report in the justification of advice only esa50 med3 where my doctor had stated unfit to work permanently
it also states that i would be likely to reach threshold under revised 2011 guidelines in a combination of physical areas at exam
ongoing multiple functional difficulties i have spirometry tests at chest clinic on regular basis these were also included with my esa form i am 60 years old and i feel that after working for 40 years as a welder i think that it is a disgrace the way the government are treating people regards g

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  • bro58
12 years 4 months ago - 12 years 4 months ago #72382 by bro58
Replied by bro58 on topic Re:wrag
gavinkus wrote:

hi bro 58
there is no mention of doctors report in the justification of advice only esa50 med3 where my doctor had stated unfit to work permanently
it also states that i would be likely to reach threshold under revised 2011 guidelines in a combination of physical areas at exam
ongoing multiple functional difficulties i have spirometry tests at chest clinic on regular basis these were also included with my esa form i am 60 years old and i feel that after working for 40 years as a welder i think that it is a disgrace the way the government are treating people regards g


Hi G,

If you were previously an IB recipient, then your migration to ESA is classed as a supersession.

Therefore the burden of proof is on the DWP/ATOS to gain information to use in evidence to come to a decision.

You may like to enquire why an ESA113 was not requested from your G.P., if that was the case.

Also if you have been assessed on the MRC breathlessness scale when having your spirometry, (which is the norm) if you are graded 5 the most severe, this could be an important tool in your appeal. See info on MRC scale here. :


www.nice.org.uk/usingguidance/commission...c_dyspnoea_scale.jsp

Also your peak flow as recorded on your spirometry, can be an important indicator of your limitations, as to a normal healthy comparitive person.

See here. :

www.peakflow.com/top_nav/normal_values/index.html

And here. :

www.peakflow.com/portal_nav/patient/index.html

Don't forget that limitations with regards to breathlessness, would have an impact on use of a manual wheelchair unaided, as well as walking.

It may be advisable to make an appointment to see your G.P. to discuss all the above issues.

As for the Med Cert 3, that they refer to, this is simply a "fit note"/ sick note.

Hope this helps.

bro58
Last edit: 12 years 4 months ago by bro58.

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  • bro58
12 years 4 months ago #72408 by bro58
Replied by bro58 on topic Re:wrag
Hi G,

I feel that as it seems that you are new to the forum, that I should have pointed you towards our extensive ESA guides, including appeals, in case you were not aware of them, here. :

www.benefitsandwork.co.uk/help-for-claimants/esa

cheers

bro58

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  • paula
12 years 4 months ago #72422 by paula
Replied by paula on topic Re:wrag
Wish you luck for the appeal. Hang in there. Sounds like you are raising a lot of important issues. Take care

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