Esa medical report

Oldernotwiser

healy wrote: »

You have done it now!

You will now join the ever increasing ranks of "trolls".

And even nastier than the rest of us!

nogginthenog

What happens to your ESA claim whilst you are challenging
a decision?

What happens to your claim will depend on which decision you are challenging.

Awarded ESA

If you have been awarded ESA, but only put in the work-related activity group, whereas
you believe you should be in the support group, you will continue to receive your ESA with
a work-related activity component as normal whilst you appeal.

Component sanctioned

If you are challenging a decision to sanction your ESA then you will continue to receive
your ESA minus the sanctioned amount whilst you appeal.

Not awarded ESA at all

If you have not been awarded ESA at all, then you have two choices:
1. Claim JSA whilst you appeal. You should be able to restrict the work you are
available for based on your health conditions. In addition, the fact that you have
been claiming JSA should not be used against you in the appeal process.
2. Claim ESA at the assessment phase rate until a decision is made. If you choose to
do this you will have to continue submitting sick notes until the matter is finally
settled. You will only get the assessment phase rate of ESA, so you will be on a
reduced rate if you are under 25 and there will be no additional work-related activity
or support component.
If your appeal is successful you will be repaid any amounts that you have missed out on,

whether you claimed JSA or ESA

healy

hrafndot wrote: »

I'm sorry but I disagree.

If you have been put into the Work Related activity group and you appeal against the group you have been put into, your ESA rate will not go back to assessment rate.

You are taking a risk in that when you ask for a review, they may decide that you should not have been awarded ESA but if you have good evidence this is unlikely.

I am currently asking for a review, and DWP have advised me that I should put in my appeal form straight away. This seems to offer two bites of the cherry.

When you ask for copies of the medical reports and associated documents they ask you to send your statement of reasons why you object the conclusions of the decision maker and the evidence provided by the medical examiner. This seems to be a review of your case.

When they receive you notice of appeal (this is contained in the back of the DWP leaflet entitled "If you think our decision is Wrong") they will have to review your case again to ascertain whether it is worth going to Tribunal in your case.

Always stick to the time limits they give (usually a month after the decision).

I would recommend gonig for an oral hearing at appeal rather than a paper hearing, even though its more nerve wracking.

Good luck, I hope you have an experienced ESA benefits advisor!!!

I am just going by another claimants experience where they appealed to be put into the support group rather than the work related group and their benefit was reduced to the assessment rate whilst they were appealing.

hrafndot

Could DWP have misapplied the rules? this is what has been happening to me all along. I'm very familiar with the DWP rule book for this reason.!!!

BTW how do you qualify as a troll?

NASA_2

hrafndot wrote: »

Could DWP have misapplied the rules? this is what has been happening to me all along. I'm very familiar with the DWP rule book for this reason.!!!

I refuse to believe that DWP have ever misapplied the regulations.

The very notion is fanciful.

cit_k

Paparika wrote: »

Erm no you can't do that.

Why not, of course you can, its perfectly legal.

cit_k

stazi wrote: »

There's nothing to stop someone covertly taping/videoing a medical. However, any recording would unlikely to be accepted as 'evidence' by any appeal tribunal because of the way it was obtained. Therfore, cit_k is wasting their time and tape.

A better way to provide any future 'evidence' would be to have a witness- a friend/advice worker- to take notes at an examination if one felt the need.

As with any interview/examination there are always 2 opinions of what went on- the one that's asking the questions, and the one's that's answering.

Already covered this before on this very forum, it is up to the tribunal whether they accept it as evidence or not, there is no real reason why they should not, and indeed past precedent from another tribunal shows that covertly recorded evidence was used in a tribunal. (It is a completely different matter if its not covert, and you told them you were going to record, your stuffed then...)

dmg24

cit_k, can you provide an authority for the precedent that you refer to?

cit_k

dmg24 wrote: »

cit_k, can you provide an authority for the precedent that you refer to?

Give me a few mins I will dig it out.

cit_k

Ok, the one where covertly recorded evidence was allowed is

UKEAT/0243/06/DA

but I will be back in a bit, with another case no, which was dealing directly with recording ATOS medicals, and because it was not done covertly, they lost, but in terms of had it been done covertly, the tribunal actually referred to the case above....... They also noted that the DWP rules could probably be challenged... But thats another matter entirely.