Think we failed ESA medical

Own_My_Own

little_monkey wrote: »

They are all called "health care professionals"(HCP)Some are doctors,some are nurses.

Will it make a difference if she was a doctor or nurse ?

little_monkey

Own_My_Own wrote: »

Will it make a difference if she was a doctor or nurse ?

Only my opinion but i would rather be assessed by someone more qualified for certain conditions.

also see post above yours

rogerblack

Own_My_Own wrote: »

Will it make a difference if she was a doctor or nurse ?

IMO, not really systematically.
A doctor that's been a heart surgeon for 20 years is likely to be much worse than a nurse with a varied career at performing the assessment. (If you do not have a heart condition)

Ideally, you'd like skilled professionals that understood your condition properly.
The minimum you should expect is that they comply with the training given to health care professionals, and write a report as accurate as possible in the circumstances.

If the standard falls much below this, consider an actual complaint, not just phoning up to complain. Go through the official complaints procedure.

Muttleythefrog

A.Penny.Saved wrote: »

If the decision comes back before you manage to get the medical evidence, then you can ask them to re-consider the decision within 30 days of the letter informing you of the decision. I phoned and the person I spoke to didn't even know this was possible so I don't think many people do it. She had to speak to her manager to find out that it was possible. The decision letter does tell you this if you read it carefully.

The re-decision can be fairly quick or so I am told, whereas a tribunal can take over a year in some cases. You can do both, apply for a re-decision with new evidence and apply for a tribunal at the same time to speed things up. Then if the re-decision also goes against you you still have the tribunal that could find in your favour.

Just to clarify. A reconsideration is something the DWP will automatically carry out if you make a (written) request to appeal.. unless they've already been asked to carry one out and done so and reached same decision. Only after they've carried out that reconsideration and decided not to change their decision will they then forward papers to tribunals service. So it's generally advised not to bother asking for a reconsideration...the only advantage I could see of doing so would be as a potential delaying tactic with regards making appeal case.

The government is looking into changing the process in future.

A.Penny.Saved

That makes sense after the DWP phoned me back about it. However they still have not sent me the forms. Lets hope it doesn't take them 3+ weeks like it did with the ESA85.

I think I will prepare a letter for a reconsideration of the decision. ATM I am receiving no benefit at all and if BT finds out they will stop my BT basic phone account and charge me the full amount of x3 the price which I don't want. Chances are that will happen due to the amount of time.

I have a 12 month doctors sick note, it's just a case of what I can use it for ATM.

rogerblack

A.Penny.Saved wrote: »

That makes sense after the DWP phoned me back about it. However they still have not sent me the forms. Lets hope it doesn't take them 3+ weeks like it did with the ESA85.

It almost certainly will.
Your payments are not restarted until you send in an actual appeal.
Not a request for reconsideration.

It doesn't matter that in practice a reconsideration would have been done first, payment does not resume until the appeal request goes in.
This may also be quicker, as there is little choice.
They can only not pay you during appeal if you have not gone to the medical, or your appeal is doomed to fail. (For example, you argue that you need more money, which there is no legal argument for being paid a differnet rate than the law allows)

Own_My_Own

:j:j Well it goes to show you what I know :j:j
:j:j He only went and got it (backdated from March):j:j

Pippin12

Fantastic! You must be so relieved. Well done.

princessdon

Aw I'm pleased for you - can't help but note the motherly wording

"we failed" "he won"

Very typical of how parents are and still lovely to see!

Muttleythefrog

Own_My_Own wrote: »

:j:j Well it goes to show you what I know :j:j
:j:j He only went and got it (backdated from March):j:j

Great to hear. Make sure you get hold of the medical report if you haven't already. At reassessment it could come in useful.