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esa reconsideration appeal

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7 years 10 months ago #160918 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
Gordon ,is this not a contradiction ,,"The evidence does not suggest that there is severe function restrictions.Otherwise her condition history and typical day are consistent with todays observations and findings and her reported level of limitations suggests that significant functional restriction is likely at this time .There is no evidence of substantial risk to physical health. This is a paragraph from the medical assessors personalised summary statement .

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7 years 10 months ago #160932 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: Gordon ,is this not a contradiction ,,"The evidence does not suggest that there is severe function restrictions.Otherwise her condition history and typical day are consistent with todays observations and findings and her reported level of limitations suggests that significant functional restriction is likely at this time .There is no evidence of substantial risk to physical health. This is a paragraph from the medical assessors personalised summary statement .


It certainly does and it is certainly something to raise, but anomalies like this won't win you your appeal, just devalue the report.

Gordon

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7 years 10 months ago #160933 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
yes that has been part of my reconsideration info ,that the DM ,had not been given the correct details on the medical form to make an informed decision on my claim also what does ‘The non-functional descriptors were not considered for this case as curtailment applied.

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7 years 10 months ago #160938 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: yes that has been part of my reconsideration info ,that the DM ,had not been given the correct details on the medical form to make an informed decision on my claim also what does ‘The non-functional descriptors were not considered for this case as curtailment applied.


The "non functional descriptors" are the Exemption and Exceptional Circumstances Regulations. The former refers to a set of conditions that allow automatic qualification, as an example; receiving some types of cancer treatment would come under this heading. The latter refers specifically to Regulations 29 and 35 which provide a catch all for claimants who have significant health problems but do not match any of the "normal" descriptors.

Both of these are explained in more detail in the ESA Claim guide.

Gordon

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7 years 10 months ago #160940 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
Gordon have tried to get into WCA handbook but it won`t let me

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7 years 10 months ago #160941 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: Gordon have tried to get into WCA handbook but it won`t let me


What error are you getting?

Gordon

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