ESA Sucsess of sorts! (and a question!)

Hello everyone.

It seems I have been one of the very lucky ones who has gone through the ESA system on time.
Everything has been done and dusted within the supposed 13 week assessment phase and I've been placed in the work related group.
The doctor I saw for my medical was very pleasant, asked me lots of questions and I genuinely felt she was listening to me and not rushing me through which I appreciated because my medical was on a Sunday.
Although I feel I should have been placed in the care group I do feel grateful that they have acknowledged I do have disabilities and I am ill (I have ME/CFS) and won't be appealing this decision, I don't want to rock the boat and make myself deteriorate with the stress of another appeal.
Before I continue I would like to thank each and every one of you here that helped me when I had questions regarding my application and the absolutely amazing guides from the members section!

On the flip side of things I haven't been so lucky and was turned down flat for DLA without even being given a medical, I am now appealing this and have sent off my GL24 form.

As the doctor obviously felt I was ill/disabled enough to warrant the continued payments of ESA I would like to see my medical report so I can use this as part of my appeal if I need to.

Am I allowed to ask for my medical report even though I'm not appealing the decision of ESA?
If I can what exactly do I ask for, is it just known as a medical report or do they use another name for it?

Many thanks in advance!

Hi Sassy,

Congratulations on joining the one-in-three club, it's no mean feat.

To get a copy of your medical report, just write to the office dealing with your claim saying: Please provide me with a copy of the ESA85 medical report used in deciding my most recent award of ESA.

Do read it carefully before submitting it as evidence for your DLA appeal though - it may contain information you regard as highly inaccurate.

Good luck,

Steve

Congratulations, Sassy!
It's lovely to hear that a fellow ME sufferer has 'got through'.
Cheers, Pen.

Thank you both very much!

I'll read the report through thoroughly before I decide to use it or not, I just thought it was worth having as it could really help me.

Now I just wait for my DLA appeal, somehow I don't think this one will be so quick!

Hello again!

I received my medical report yesterday (I'm still bowled over how lucky I am with regards to the speed of everything in my case!).

The majority of the report seems factual. She has said my ME/CFS is "severe" and also the "the typical day history and observed behaviour indicates significant level of disability" and that I'm "unable to walk more than 50 metres".
BUT (isn't there always a but?) there are a couple of untruths in there.
She said I had "no problem with crutches and raised both of my hands to my head to demonstrate" I didn't do this at all because well, I can't!
And I told her more than once I can only use my crutches for a short time because they make my arms and back agony. My arms were trembling when she asked me to stand because just getting into her room from the waiting room was an ordeal.
It also says "The client was unable to rise from sitting without assistance" but a few pages later it says "The evidence does not support that the client has a significant problem rising and transferring, therefore they should be able to rise from sitting and transfer themselves independently"

With regards to using this as evidence in my DLA appeal can I just use sections of it, or if I were to submit it as evidence would I have to use the whole thing? I'm a little worried the untruths could hinder my outcome.

What would you do?

Hi Sassy,

This is very often the problem with using DWP medical evidence.

Submitting only extracts from the IB85 medical report is likely to make the tribunal very suspicious and they may ask for the whole report prior to the hearing or adjourn in order to obtain it. Either way it would make them very curious to know what you would prefer them not to see.

You can either submit the whole report and try to direct their attention only to the parts you want them to see or point out what you regard as the errors at the outset.

Either way it's a risky strategy and, if the inaccuracies in the report are liekly to cause material damage to your case, you may want to look at other ways of obtaining medical eveidence - if there are any open to you.

Good luck,

Steve