Incapacity benefit, esa assessment!

eskimo26

atrixblue.-MFR-. wrote: »

trouble with pulling appart the medical report is that you leave youself open to another medical based on the fact you claim it is fabricated and untrue.

if the results come back and you score 15 points or more, then the tribunal, or a complaint submitted will result in diciplinary to that examiner. and you get the correct level of award of esa.

the tip here is not to pick holes and call it fabricated and untrue, but back up your account of relevance to the questions asked via independant medical evidence to contradict the examiners findings if you quick enough and within 28days of reciept of your letter to have this evidence at hand you could submit this evidence along with a reconsidderation letter to the DM that over seen the file.

It seems very wrong they can fabricate a report and its not in your interests to point it out. Understandably during the appeal process may not be the place for it but this kind of thing wouldn't be tolerated from any other medical professional, so report it to the examiner's governing body!

Cross posted with cit-k.

blondee55

Thanks for the replies, really appreciated:) Can I send the appeal and my Dr`s note in together or should I do them separately? I take it they both will go to the centre that is handling my case! Sorry for all the questions:o

cit_k

blondee55 wrote: »

Thanks for the replies, really appreciated:) Can I send the appeal and my Dr`s note in together or should I do them separately? I take it they both will go to the centre that is handling my case! Sorry for all the questions:o

You probably can, but personally, I would send them seperately, so there is less chance of them getting confused and sending either one to the wrong department etc.

If you send them together staple the fit note to a explanation sheet, so it does not fall out, or get mixed in with the appeal documents etc and sent to the wrong place.

blondee55

cit_k wrote: »

You probably can, but personally, I would send them seperately, so there is less chance of them getting confused and sending either one to the wrong department etc.

If you send them together staple the fit note to a explanation sheet, so it does not fall out, or get mixed in with the appeal documents etc and sent to the wrong place.

Thanks again for the help, much appreciated. I will do as you suggest and send them both seperately and both by recorded delivery. Will I still need to include an explanation sheet with the sick note? Also should I inform them that I am being advised by CAB on this matter?

drmqn442

blondee55 wrote: »

BUMP.......
Can anyone please answer my question in the above post?

I am the same as you what i have done is sent a letter to the DWP office and put my concerns down and why i want a appeal and they need to look at it again as the whole report did not say what i have and what i cannot do. Also said i am seeing my GP next week and will be sending a report to them very soon. I hope this helps and gl please let me know how you get on and i will do the same :-)

blondee55

drmqn442 wrote: »

I am the same as you what i have done is sent a letter to the DWP office and put my concerns down and why i want a appeal and they need to look at it again as the whole report did not say what i have and what i cannot do. Also said i am seeing my GP next week and will be sending a report to them very soon. I hope this helps and gl please let me know how you get on and i will do the same :-)

Thanks for the post, I will keep this thread updated plus I most probably will be asking a lot more questions:o

All CAB have put on my appeal form is the following,
"I want to appeal the decision as I do not believe my disabilities or illness have been assessed accurately, therefore I would like an independent tribunal to determine this."

Is this sufficient or should it have a lot more detail, according to CAB the detail will be needed later on?

blondee55

Just bumping this back up to the top:o

Cpt.Scarlet

blondee55 wrote: »

Thanks for the post, I will keep this thread updated plus I most probably will be asking a lot more questions:o

All CAB have put on my appeal form is the following,
"I want to appeal the decision as I do not believe my disabilities or illness have been assessed accurately, therefore I would like an independent tribunal to determine this."

Is this sufficient or should it have a lot more detail, according to CAB the detail will be needed later on?

Yes it should be sufficient, although the DWP have been pushing for more detailed reasons recently, although they have no right to do so.

Have the CAB explained that the DWP will do a Reconsideration first, so there is an opportunity (3-4 weeks) to submit more evidence or a clrification of your existing evidence, which might overturn the decision now rather than waiting 8-9 months for a tribunal.

rotoguys

nannytone wrote: »

the WRAG group is for people that are deemed to have some capability for work.
the Support groups is for those deemed unfit for any work. ( only 7% of claimants get into the support group ... so unless you are so disabled/sick that you cant even wipe your own bum, dont even think about it!)

Hey I'm in the Support Group and was put in it for 3 years. But more importantly I can wipe my own ar*e thank you!!

only 7% of claimants get into the support group ... so unless you are so disabled/sick that you cant even wipe your own bum,

Mrs_Arcanum

If you don't get through and are on HB. Make sure a nil income HB claim is put in.