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relevant medical evidence
- cochondinde
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I would like to know if there are regulations stating this and if so where and why is this so.
I have a spinal condition that is not going to improve after having an accident several years ago. I had a medico-legal report and consultant letters from 2005/6 that state my condition is severe and permanent but I have been told these are too old. They also state how specific activities of daily living are limited by my condition.
I have sent more up-to-date medical evidence but I wanted to know if what I have been told is law.
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- Gordon
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I remember your post from yesterday, so apologies that it and the replies were lost.
No, it is not the law that you can only supply information that is less than 12 months old.
You are entitled to submit whatever evidence you believe is relevant to your case, however, whilst the DWP Decision Maker must review all of the evidence presented, they are free to choose what evidence they will use to make their Decision and the weight they will assign to it. For the majority of claimants this means that there is no advantage in submitting evidence that is older than 12 months, however, there are exceptions to this.
For example, if a claimant has suffered from a condition for more than 12 months it can be advantageous to include details of the original prognosis. If a claimant has a condition that is not liable to improve or is even likely to deteriorate, it would again be reasonable to include evidence that is more than 12 months old, especially as claimants in this situation are often "parked" by the NHS and may not have seen a consultant for some time.
I hope this explains it.
Gordon
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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ESA is not in my area of expertise, since when I was a WRO, I only dealt with DLA/AA and appeals.
You may find this of help ESA decisions and appeals
Also, see the ESA guides in the members only area ESA Resources
Good luck
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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cochondinde
I remember your post from yesterday, so apologies that it and the replies were lost.
No, it is not the law that you can only supply information that is less than 12 months old.
You are entitled to submit whatever evidence you believe is relevant to your case, however, whilst the DWP Decision Maker must review all of the evidence presented, they are free to choose what evidence they will use to make their Decision and the weight they will assign to it. For the majority of claimants this means that there is no advantage in submitting evidence that is older than 12 months, however, there are exceptions to this.
For example, if a claimant has suffered from a condition for more than 12 months it can be advantageous to include details of the original prognosis. If a claimant has a condition that is not liable to improve or is even likely to deteriorate, it would again be reasonable to include evidence that is more than 12 months old, especially as claimants in this situation are often "parked" by the NHS and may not have seen a consultant for some time.
I hope this explains it.
Gordon
Sorry Gordon,
Your reply wasn't there when I started typing. Still, two heads are better than one
Hope you're keeping as well as possible. I'm sure you've noticed we're down on posts, thanks to your FAQ in Spotlights, and Steve changing the search facility, providing links both for members and moderators before submitting new posts and threads.
Kind regards.
Jim
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- pusscatsmum
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My question is how do you use this as your main thrust in an apeal against being put into the WRAG group when the evidence clearly states you should be in the support group, especially when all the consultants state you will never get better and it will deteriorate rapidly over time in regards to degenerative disc disease following a motorcycle accident whist at work for the local govt.
I have no new evidence or have seen GP's/Consultants since they all deemed me unfit for work including Jobcentre+ in 2000
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- Gordon
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Have you spoken to your GP about this issue? It may be possible to re-engage with your consultants for an update on your condition.
Failing that, you need to look at showing (a) that you condition remains the same or has deteriorated since the medical reports were produced, and (b) that the impact of your condition has not depreciated as a result of your learning to live with it, an example of this would be someone who had learned to use their other hand after the loss of their originally favoured one.
Again, this is the sort of thing that your GP should be able to help with.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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