Dads failed ESA medical..any advise?

dmg24

andyandflo wrote: »

Hi there, just a quickie - don't bank on the date that you were being told as anything near correct. When I had my medical in Jan 10, appealed in Feb 10, they said it would be approx 6 months to wait. A few weeks ago I was told that the earliest will be is Feb/Mar 2011 (12/14 months) but could not guarantee that. I gave up and claimed JSA instead!

Oh my days, are you still allowed to post after your efforts the other night? :eek:

andyandflo

dmg24 wrote: »

Oh my days, are you still allowed to post after your efforts the other night? :eek:

Yep, still here - as they say - like a bad penny!
Why? Do you have a problem with that?

dmg24

andyandflo wrote: »

Yep, still here - as they say - like a bad penny!
Why? Do you have a problem with that?

You broke just about every forum rule in your AE's/ abusive posts - not to worry, at least everyone has seen you for the liar that you are now.

dee123

cit_k wrote: »

Have you rang to ask for a copy of the medical report yet?

Hi,

Yes we've got a copy of the medical report, he was awarded 12points, after showing it a welfare advisor, we were advised it should of been in the region of 20 points due to his disability and the fact that he's getting higher rate of the mobility component (which was based on a previous medical)

i am wondering if I should send in my fathers medical reports from doctors, mri scan results and the details of his current medication? maybe the award notice for his DLA to support the claim?

thanks

dee123

Hello people

An update:

the appeal was going to tribunal and we were waiting for a date, I called them up yesterday to ask if theres any updates on the date and the tribunal services rep told me that the case is not going to tribunal now, I asked why and they said to speak with DWP.

We called the DWP to see what was going on and good news, they said they have "passed" my dad on the medical and there was no need for the tribunal, they said they will be writing to us shortly with more information.!

The issue is that since my dad has had his medical his condition has got worse, he has now morphine tablets, I think the DWP have put him in the work related component of ESA, is it possible to explain that he is not able to work and send in some evidence of this or is it too late now?

Any advise? Once again thanks for the previous replies and I hope this helps other people in a similar situation, ALWAYS APPEAL!

Indie_Kid

dee123 wrote: »

The issue is that since my dad has had his medical his condition has got worse, he has now morphine tablets, I think the DWP have put him in the work related component of ESA, is it possible to explain that he is not able to work and send in some evidence of this or is it too late now?

Any advise? Once again thanks for the previous replies and I hope this helps other people in a similar situation, ALWAYS APPEAL!

People in the work related group can't work now; but maybe in 6 months time or so. Or does he meet the criteria for support group?

dee123

thanks for the reply,

he does meet the criteria for the support group, his condition is very bad and according to the doctors there is nothing more that can be done apart from control the pain.

so I wanted to know how I should inform of this and will another medical or appeal be required?

suelees1

So eventually then the appeal has lapsed because they've accepted he meets the conditions for one of the groups.

Once you get the written decision if he's not been placed in the one you feel is most appropriate to him you know the score - as you said above "ALWAYS APPEAL" . I must stress that you always need to bear in mind that whenever you ask the DWP to reconsider a decision or if you appeal it then they look at the whole award again. This could result in the decision being left as it is or changed for the better or worse.

-BA-

Someone with a score of 12/15 stands a fairly good chance of getting the outcome overturned at tribunal, with the right help. Contact your local CAB or Welfare Rights and ask them for support and they should be able to help put together a pretty robust challenge. If they have the resources available they will also do their best to accompany you to the tribunal and represent your dad.

Sorry read you last post re. them withdrawing the tribunal. With regard to the situation of his deterioration in health since the WCA, I would recommend a letter to the JCP Decision Maker highlighting the change in circumstances and to ask for a reconsideration. Again CAB or Welfare Rights would be a good first port of call.