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re medical coming up

  • bro58
11 years 2 months ago #99148 by bro58
Replied by bro58 on topic re medical coming up
Hi tb,

Yes,in some instances, the ATOS HCP can curtail (cut short) the assessment,if they feel that the claimant has fulfilled The SG qualifying criteria.

Of course, I do not wish to build your hopes up, as you will not know until you receive the decision.

As the ESA85, is sent electronically to The DWP DM, you may be able to gain some feed back, next week, if you wish to contact The DWP.

Good luck, I hope you gain a positive result, and please let us know. :)

bro58

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  • teabag
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #99932 by teabag
Replied by teabag on topic re medical coming up
hi not sure if its good news or not.
I applied for DLA after my ESA medical on the 14th February, yesterday I received acknowledgement that my application had been received, today I received a letter of Decision dated hard to tell what date its either the 23rd or 25th february looks like someone has changed the date, no award for either care or mobility based on
1. your claim form
2. advice from health care professional
3. the health care professional who examined you for Employment and Support Allowance 14/03
So I phoned and they're going to send me the ESA health care professional report.

I then decided to phone and enquire if there had been any decision on my ESA at first the lady was quite abrupt and said that they were reassessing thousands of people every day and probably wouldnt hear anything for another 2-4 weeks. Anyway I explained about the DLA letter and she then went through security questions and eventually scrolled down her screen to the part that said I had been put in the support group for 2 years and that this decision was only made yesterday the 26th (am now hoping this information is correct) and should get a letter in the next few days.

So I phoned the DLA people back again and asked if I asked for a reconsideration would i still be able to appeal that decision , was told yes I could still appeal. So I've opted for a reconsideration based on the fact that i'm in the support group and wasnt when DLA decision was made, hope i've done the right thing, and that i've been given the right information over the phone about my ESA.
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #99944 by Gordon
Replied by Gordon on topic re medical coming up
teabag

I am sorry to hear about your DLA, our normal advice is to appeal, but you still have this option after a Reconsideration so you lose nothing but time.

Unfortunately, whilst there are areas of overlap between ESA and DLA, mobility primarily and incontinence to some extent, in the majority of cases the criteria are quite divergent, so even if someone has been placed in the ESA Support Group, they may legitimately fail in a claim for DLA.

The first thing you need to do is understand why they rejected your claim, the following explains what documentation may be available.

DLA Medical – What forms to ask for?

There are a number of guides in the DLA section that cover refuting a negative Decision, I would recommend you have a look at these, but also go back to the Claim guides and have a look to see if you could have done a better job of explaining your care and mobility needs.

Best of luck

Gordon

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

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11 years 1 month ago - 11 years 1 month ago #99952 by Jean
Replied by Jean on topic re medical coming up
Please insist on having your WCA recorded - that will ensure you can pin point and re-argue at any appeal you may have to launch any areas of the WCA where you feel Atos or you (had you not been under so much pressure) could have done better. It will almost certainly have the effect that Atos have to postpone the date of your WCA which may give your GP's letter time to reach you.
Good Luck.
Jean.
Last edit: 11 years 1 month ago by bro58.

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11 years 1 month ago #99954 by slugsta
Replied by slugsta on topic re medical coming up
Unfortunately, the claimant has the right to request that the assessment is recorded but cannot insist on it. It is not illegal to carry out covert recording but you must be aware that the assessment would be terminated if this was discovered.

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

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  • bro58
11 years 1 month ago #99955 by bro58
Replied by bro58 on topic re medical coming up

Jean wrote: Please insist on having your WCA recorded - that will ensure you can pin point and re-argue at any appeal you may have to launch any areas of the WCA where you feel Atos or you (had you not been under so much pressure) could have done better. It will almost certainly have the effect that Atos have to postpone the date of your WCA which may give your GP's letter time to reach you.
Good Luck.
Jean.


Hi j,

The OP had their ESA WCA face to face assessment on the 14/02/13.

For any other viewing members, if they are to request that their face to face is to be recorded, they should do so at the earliest opportunity, preferably along with the ESA50, they could also reiterate their request if and when they receive word that they have to attend a face to face.

There is a template letter 3rd link from the bottom on this page :

ESA Claims Guides

See also :

www.whatdotheyknow.com/request/131400/re...h/4/RFP%2027.PDF.pdf

bro58

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