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ESA medical
- lily321
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12 years 8 months ago #86927 by lily321
ESA medical was created by lily321
Hi all
what a stressful morning . went for medical the questions he asked did not seem relavent, like do you have animals, do you watch tv. Then he did blood pressure and started to examine me, but when he told me to raise my arms, it was too painful, so he said he would have to stop the examination.
Just before he told me to leave, he said it will not go in your favour with the decision maker as I was in pain , and he said I dont take enough pain killers.
Now im worried to death about this, please help..
Lily.
what a stressful morning . went for medical the questions he asked did not seem relavent, like do you have animals, do you watch tv. Then he did blood pressure and started to examine me, but when he told me to raise my arms, it was too painful, so he said he would have to stop the examination.
Just before he told me to leave, he said it will not go in your favour with the decision maker as I was in pain , and he said I dont take enough pain killers.
Now im worried to death about this, please help..
Lily.
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- cdcdi1911
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12 years 8 months ago #86932 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA medical
Hi Lily
There is some sort of reasoning for the rather silly questions you get asked at face-to-face assessments; these are explained in the claims guide.
It is quite surprising that the HCP said 'it will not go in your favour with the decision maker'. HCP guidance advises not to give the claimant an indication of the result of the assessment. It would, in my opinion, also be wrong for a HCP to second guess what the decision maker will decide (if that's what he was doing), given that the DM will have access to additional evidence.
Good luck with the outcome. I can only suggest that you try no to worry too much until you receive the DM's decision, which may well be in your favour.
Regards
Derek
Derek
There is some sort of reasoning for the rather silly questions you get asked at face-to-face assessments; these are explained in the claims guide.
It is quite surprising that the HCP said 'it will not go in your favour with the decision maker'. HCP guidance advises not to give the claimant an indication of the result of the assessment. It would, in my opinion, also be wrong for a HCP to second guess what the decision maker will decide (if that's what he was doing), given that the DM will have access to additional evidence.
Good luck with the outcome. I can only suggest that you try no to worry too much until you receive the DM's decision, which may well be in your favour.
Regards
Derek
Derek
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- chrissy v
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12 years 8 months ago #86933 by chrissy v
Replied by chrissy v on topic Re: ESA medical
Hi Lily
In my opinion it does,nt seem a very proffesional approach by the HCP, i was,nt aware that they gave any indication what in their opinion a DM decision would be.
CV
In my opinion it does,nt seem a very proffesional approach by the HCP, i was,nt aware that they gave any indication what in their opinion a DM decision would be.
CV
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- lily321
- Topic Author
12 years 8 months ago #86986 by lily321
Replied by lily321 on topic Re: ESA medical
These medicals are so stressful, I get dla hrc hrm, but worried that I may lose this because of what the doctor said at the medical. so unfair as I have MS, ME, Heart problems etc, wonder why some dont even have to attend a medical.
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- Crazydiamond
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- Posts: 2022
12 years 8 months ago #86995 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re: ESA medical
The approved disability analyst (ADA) was acting beyond his remit when he gave his opinion of the outcome of the WCA medical assessment.
In this respect, you may wish to refer to paragraph 1.7 of the WCA Handbook which describes the role of the ADA.You will need to scroll down to the WCA Handbook in the ESA resources.
You may also wish to make a formal complaint about the ADA and the attempt to second-guess the the outcome of the work capability assessment before reference to the ESA decision maker. This may be particularly important if you need to appeal an adverse decision on your ESA entitlement.
See:-
Complaining to ATOS Healthcare.
In this respect, you may wish to refer to paragraph 1.7 of the WCA Handbook which describes the role of the ADA.You will need to scroll down to the WCA Handbook in the ESA resources.
You may also wish to make a formal complaint about the ADA and the attempt to second-guess the the outcome of the work capability assessment before reference to the ESA decision maker. This may be particularly important if you need to appeal an adverse decision on your ESA entitlement.
See:-
Complaining to ATOS Healthcare.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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