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Medical Evidence Help
- Notyniki
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3 years 1 day ago #268279 by Notyniki
Medical Evidence Help was created by Notyniki
Hi there,
I submitted form UC50 in July 2020 and was due a telephone assessment in November 2020 which was cancelled by them. After numerous months of trying to get this rescheduled it turned out that I had been lost in the system and was advised to fill in and submit another UC50 which I did straight away in May 2021. I had an online video assessment last month and was found capable of work. I have submitted a mandatory reconsideration but wanted to be prepared should it go to appeal so have contacted the physio department I was having treatment with at the time for a report as further evidence as the dwp did not contact them.
Here is the email exchange between me and the physio dept manager:
“Dear PHYSIO I was under your care last year. We met a few times and you kindly sent Lxx out to my home twice a week for exercises and Exxx the OT to help me with equipment and aids.
After 18 months wait I finally had my Work Capability Assessment via video a few weeks ago and they found me capable of work. I am contesting this through a mandatory reconsideration and, if necessary, by appeal.
I put your contact details on my WCA form as the most recent and relevant healthcare professional and I was astounded that they did not contact you and only requested a simple medical history from my GP which had only very basic details. I wonder how I would go about obtaining a report from yourself of my treatment, your assessments and the outcome etc. I understand that there will probably a charge for this but I really want to provide them with evidence of my mobility (or lack thereof!) so that they have the full picture.
I wonder if you can help me with this or let me know which channels I need to go through to get this information?”
“Dear PATIENT Thanks for your e-mail. Unfortunately, I am unable to help you with this request as my last involvement with you was in May 2021 and therefore I do not have an up to date assessment of your current abilities/difficulties to provide. I would recommend that you contact your GP for further support/information.
If you require a copy of notes related to our involvement with you, you could apply to NHS Northumbria under the freedom of information act.”
Although she says she cannot provide an up to date assessment, I believe it is still relevant as I was having the treatment during my claim and the treatment only finished because they had done all they could do. I also think it would have been taken into account if there hadn’t been the huge delay between me submitting the UC50 and my assessment. My situation and condition has also not changed in that time.
Can anybody please advise on this and what, if anything, I can do to obtain this evidence?
Best Wishes, Nic.
I submitted form UC50 in July 2020 and was due a telephone assessment in November 2020 which was cancelled by them. After numerous months of trying to get this rescheduled it turned out that I had been lost in the system and was advised to fill in and submit another UC50 which I did straight away in May 2021. I had an online video assessment last month and was found capable of work. I have submitted a mandatory reconsideration but wanted to be prepared should it go to appeal so have contacted the physio department I was having treatment with at the time for a report as further evidence as the dwp did not contact them.
Here is the email exchange between me and the physio dept manager:
“Dear PHYSIO I was under your care last year. We met a few times and you kindly sent Lxx out to my home twice a week for exercises and Exxx the OT to help me with equipment and aids.
After 18 months wait I finally had my Work Capability Assessment via video a few weeks ago and they found me capable of work. I am contesting this through a mandatory reconsideration and, if necessary, by appeal.
I put your contact details on my WCA form as the most recent and relevant healthcare professional and I was astounded that they did not contact you and only requested a simple medical history from my GP which had only very basic details. I wonder how I would go about obtaining a report from yourself of my treatment, your assessments and the outcome etc. I understand that there will probably a charge for this but I really want to provide them with evidence of my mobility (or lack thereof!) so that they have the full picture.
I wonder if you can help me with this or let me know which channels I need to go through to get this information?”
“Dear PATIENT Thanks for your e-mail. Unfortunately, I am unable to help you with this request as my last involvement with you was in May 2021 and therefore I do not have an up to date assessment of your current abilities/difficulties to provide. I would recommend that you contact your GP for further support/information.
If you require a copy of notes related to our involvement with you, you could apply to NHS Northumbria under the freedom of information act.”
Although she says she cannot provide an up to date assessment, I believe it is still relevant as I was having the treatment during my claim and the treatment only finished because they had done all they could do. I also think it would have been taken into account if there hadn’t been the huge delay between me submitting the UC50 and my assessment. My situation and condition has also not changed in that time.
Can anybody please advise on this and what, if anything, I can do to obtain this evidence?
Best Wishes, Nic.
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- Gary
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3 years 1 day ago #268285 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Medical Evidence Help
Hi Notyniki
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
I hope that you put in a formal complaint in loosing your UC50 form and any supporting documents, you should also ask for compensation, maybe get your MP involved.
The first thing you need to do is contact DWP and ask for a copy of the assessors report.
Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the certain activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the WCA Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim.
In regards to your physics letter, the letter from does give you information where to gather supporting documents, NHS Northumbria under the freedom of information act
Have you downloaded a copy of our guide to help you with your UC50; www.gov.uk/employment-support-allowance/how-to-claim
If you have any further questions please come back to the forum.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
I hope that you put in a formal complaint in loosing your UC50 form and any supporting documents, you should also ask for compensation, maybe get your MP involved.
The first thing you need to do is contact DWP and ask for a copy of the assessors report.
Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the certain activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the WCA Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim.
In regards to your physics letter, the letter from does give you information where to gather supporting documents, NHS Northumbria under the freedom of information act
Have you downloaded a copy of our guide to help you with your UC50; www.gov.uk/employment-support-allowance/how-to-claim
If you have any further questions please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pomaus
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3 years 1 day ago #268287 by pomaus
Replied by pomaus on topic Medical Evidence Help
Dear Notyniki
I would contact the Physio department and say that you are not after an up to date assessment but you are wanting a report that relates to your last treatment that you had with them.
Detailing their findings of your disabilities, what they did and what their ongoing prognosis was at the end of their treatment and discharge.
Tell them that you need it with utmost urgency and you are entitled to this information and this is not a "report"
I would write to UC in the meantime and ask for them not to make a decision on Mandatory Consideration until after you have received this information you are after and submitted as evidence.
I would also then write to your NHS ASWELL asking for copies of your health records.
You can also make a freedom of information request to the Physio department itself that you were refereed to asking for copies of all records they hold on you.
I would also contact the GP and ask them for copies of all information they received from the Physio department.
Just a note for future. Whenever you are referred to any department in the future within the NHS, state that you want to be copied into all letters and correspondence between departments and your GP, sometimes works and makes it much easier than trying to chase up information later on
I would contact the Physio department and say that you are not after an up to date assessment but you are wanting a report that relates to your last treatment that you had with them.
Detailing their findings of your disabilities, what they did and what their ongoing prognosis was at the end of their treatment and discharge.
Tell them that you need it with utmost urgency and you are entitled to this information and this is not a "report"
I would write to UC in the meantime and ask for them not to make a decision on Mandatory Consideration until after you have received this information you are after and submitted as evidence.
I would also then write to your NHS ASWELL asking for copies of your health records.
You can also make a freedom of information request to the Physio department itself that you were refereed to asking for copies of all records they hold on you.
I would also contact the GP and ask them for copies of all information they received from the Physio department.
Just a note for future. Whenever you are referred to any department in the future within the NHS, state that you want to be copied into all letters and correspondence between departments and your GP, sometimes works and makes it much easier than trying to chase up information later on
The following user(s) said Thank You: denby, AlexG, Gary, Notyniki
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- Notyniki
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2 years 11 months ago #268371 by Notyniki
Replied by Notyniki on topic Medical Evidence Help
Thank you Pomaus for your reply, it is helpful and much appreciated. I have sent a further email to the physio and await for a reply with fingers crossed. I will also do as you say and ask for any future letters and reports to be copied to me. Hindsight is a wonderful thing Grrrrrrr!
Thanks again
Thanks again
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- Notyniki
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2 years 11 months ago #268372 by Notyniki
Replied by Notyniki on topic Medical Evidence Help
Hi Gary, I had already submitted the UC50 and asked for a written explanation before I found this site. I have sent in the MR already using guidance I have gleaned from here.
With regards to issuing a complaint for them losing my file etc, I feel I have enough on my plate just dealing with the MR, and possibly (probably!) an appeal.
On advice from my work coach at the DWP I started a PIP claim but have yet to fill in the form due to dealing with the UC work capability MR etc. The clock is ticking and the deadline is looming. Can I ask what happens if I do not submit it in time and they end my claim? Can I simply start another claim when I feel able to deal with filling in the form?
Best regards, Nic.
With regards to issuing a complaint for them losing my file etc, I feel I have enough on my plate just dealing with the MR, and possibly (probably!) an appeal.
On advice from my work coach at the DWP I started a PIP claim but have yet to fill in the form due to dealing with the UC work capability MR etc. The clock is ticking and the deadline is looming. Can I ask what happens if I do not submit it in time and they end my claim? Can I simply start another claim when I feel able to deal with filling in the form?
Best regards, Nic.
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- Gary
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2 years 11 months ago #268382 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Medical Evidence Help
Hi Notyniki
If you need more time with your PIP form, contact DWP before your due date and ask for an extension, you are usually given an extra 2 weeks.
Gary
If you need more time with your PIP form, contact DWP before your due date and ask for an extension, you are usually given an extra 2 weeks.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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