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Decision information and Medical Support

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12 years 4 months ago #74619 by TCP
I went from IB straight onto WRAG. I appealed and have been told that I will have to go to appeal. I am going to CAB next week and hope to have some help. Would it be pertinent to ask DWP for information regarding their decision/s or would the WRO request this? :unsure:

My GP will only deal directly with DWP and not write a letter for me, but is it true that CAB usually request a letter of support from GP etc? I am going to ask to see a consultant, although none actually are specialists in either of my conditions, I need some recent medical support as the last consultants I saw were in 2007. :dry:

This is getting very difficult, complex and expensive.

Good luck everyone!

TCP :blink:

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12 years 4 months ago #74621 by Gordon
Replied by Gordon on topic Re:Decision information and Medical Support
TCP

The DWP should be sending you an appeal pack, which should include all documentation related t the Decision you are appealing, so it may be worth you waiting until you see this, before deciding that you need to ask for additional information.

Yes, the CAB will often write on your behalf to your GP.

With regard to seeing a new Consultant, make sure that any reports indicate that you would have been suffering from your conditions at the time of the Decision. Obviously as they will be new, they will likely only write a report based on your condition when you actually see them. This may mean that they are not accepted by a Tribunal panel.

Gordon

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

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12 years 4 months ago #74625 by TCP
Thanks, Gordon. I shall wait to get the appeal info from DWP and see what they say and check with CAB as to the direction to go.

I still have the same condition I had 4 years ago, it is life-long and progressive. I was hospitalised twice and had 7 trips to casualty. I've been pretty much left to rot since then as my conditions are pretty complex and many docs haven't got a clue how to treat them and really don't know how it affects me. I'm sure the info from my treatment in 2007 would be picked up in my hospital file which includes all the tests I had to undergo. I don't think the tribunal should dismiss new health reports as they would surely be confirmation of previous diagnosis/prognosis. I guess the WRO will advise once we know what is going on. I have had several people read my original limited work capability questionnaire and all were shocked that the information I put in it was dismissed/ignored. I guess as I have been on IB since 1991, then I have a good price on my head!

Cheers!

TCP

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12 years 4 months ago #74631 by Gordon
Replied by Gordon on topic Re:Decision information and Medical Support
TCP

You need to remember that the Tribunal only see what is put in front of them, so if you have, as an example a report dated March 2012, saying I say Mr. X for the first time in February 2012, and you are appealing a Decision from November 2011, then there will be questions raised as to whether the report reflects your condition as it was when the medical and Decision were made.

Hope this explains it.

Gordon

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

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12 years 4 months ago #74634 by TCP
I understand...I haven't had an Atos medical, so this all hinges on the ESA questionnaire that I filled in back in July, and the information I submitted with the appeal letter, telling them about a worsening of my condition (which my doctor knows about). I don't know how they have come to the conclusion that I can work from the info that I have given them. If the new report from a consultant is dismissed then I will have very little medical evidence to support my appeal, unless my GP suddenly decides to read the two accounts I have written and submitted to be kept in my patient records. I just hope that I can rip the DWP decision apart. How many jobs are available to people who cannot use their hands most of the time, cannot stand or sit down comfortably etc etc...? It is appalling.

TCP

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