Medical assessment

bikeit

The wife went for her medical assessment today, she had a hysterectomy last October and has other problems including depression and fibromyalgia , so when the assessment was over the Doctor who done the medical told us that she was going to recommend that the wife's benefit is not touched as she felt the wifes mood was very low and she also felt that she might be better to go to her own GP and ask for a referal to see a mental health Doctor.
So do the people who look at the medical assessments take their Doctors recommendations into account when they are making their decisions regarding benefits?

schrodie

Yes they take the Atos HCP report into account as well as any other medical evidence that the claimant submitted with their original claim.

Horseunderwater

Is this a new claim for ESA or a transfer from Incap benefit? If new then ATOS send their medical opinions to the DWP decision maker and they will normally go along with that - sometimes DWP can go against, but that is rare.
And yes I would take your Wife to see her GP and get her referred to someone re being depressed about the life changing operation that she had. The GP will also be able to prescribe some medication to help her cope while she is waiting for the referral to happen.

schrodie

Horseunderwater wrote: »

Is this a new claim for ESA or a transfer from Incap benefit? If new then ATOS send their medical opinions to the DWP decision maker and they will normally go along with that - sometimes DWP can go against, but that is rare.

Didn't Harrington say that was to stop and our beloved government agreed!!

bikeit

The wife has been suffering from depression for about 15 years, she took the death of her mother really bad.
So she was put on incapacity benefit until it changed over to ESA.
She attended mental health for a few years but she was discharged.
She had a tribunal about six weeks ago and the outcome was they felt she was fit for work.
But she has been suffering with fibromyalgia and arthritis this past three years along with the depression which has got worse following the death of her dog two months ago, she had the dog for 16 years, and the hysterectomy in October didnt help matters.
some days she sits in a trance just looking at the walls.
Some days im at my wits end as i dont know which way to turn for help, but to be honest her own GP is a good help with anything she asks for.

skintmacflint

Bit confused. What benefit decision was the Tribunal for 6 weeks ago which said your wife was fit for work? Your OP says your wife attended a medical assessment yesterday?

For posters to advise further on ESA appeals or outcomes will probably need this clarified.

Agree your wife should go ask GP for help. He could refer her back to Mental health team, and probably advise you on where to also get support.

Hope things work out for you both. .

osdset

schrodie wrote: »

Didn't Harrington say that was to stop and our beloved government agreed!!

Yes, the government agreed that Harrington could make recommendations, which they would then ignore. Which is why he has been replaced with a 'yes man'.

bikeit

The tribunal 6 weeks ago was to do with depression and fibromyalgia which she was not successful, so the wife was advised to appeal the decision as her circumstances had changed due to the hysterectomy.
Sorry if this is confusing not very good at this.

Dunroamin

bikeit wrote: »

The tribunal 6 weeks ago was to do with depression and fibromyalgia which she was not successful, so the wife was advised to appeal the decision as her circumstances had changed due to the hysterectomy.
Sorry if this is confusing not very good at this.

Can you appeal and suddenly throw in new grounds?

HB58

Dunroamin wrote: »

Can you appeal and suddenly throw in new grounds?

No. Any appeal can only take into account the situation as it was at the time of the first decision. If there has been a subsequent new condition (or worstening of the current one) the claimant needs to as DWP for a 'supersession'. This, in effect, starts the procedure all over again and runs the risk of being found 'fit for work'. Nor do I think that the hysterectomy would cause enough impairment to gain access to the Support Group, especially as one would be expected to recover from the effects of that within a few months.