Hi, advice please, my story so far, I sent in my very first sick note on Feb 4th 2011, and was sent a ESA50 form on March 12th and filled it in and sent it back straight away (unfortunatly before I found this wonderful and very helpful site ) my ESA medical was for 31st March. On the form I stated my condition as a worsening of my sciatica, and o/a of the knees which I've had for years. In the meantime my Doctor recieved back late my x-rays, which confirmed the problem has spondolosis of the spine and osteo/arthritis of the hips, I presented this report to the M/Examiner at the medical and it was duly noted. As I have found out from this site, 8 out of 10 cases are knocked back from the evidence of the form alone, before the medical. My Question is could I appeal against the decision on the grounds of the late presentation of the x-ray evidence, thanks!
If you are found fit to to work, you are entitled to appeal the decision.
I'm not sure where you have got the idea that decisions are made before the medical, that is not how the process works.
Statistically, many are failed after the medical, if you are one, then you should request the ATOS medical report, so you can see why they have failed you and then you can lodge an appeal based on this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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