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Mandatory reconsideration…no reply
Comments
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rarees1 said:You may have mentioned the self harm in the MR, but make it clear that she satisfies Reg 35 as Poppy said. Send supporting evidence about her self harm - from GP/ nurse/ photos/ witness statements, etc. Quote Reg 35.(2) (b). See the legislation below:
Certain claimants to be treated as having limited capability for work-related activity
35.—(1) A claimant is to be treated as having limited capability for work-related activity if—
(a)the claimant is terminally ill;
(b)the claimant is—
(i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or
(ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or
(c)in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.
(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a)the claimant suffers from some specific disease or bodily or mental disablement; and
(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.
I have noted that for her in the MR
i have asked for a link in journal so I can upload the psychiatrist report regarding her self harm but they are ignoring our messages
Will give them till Wednesday and send another message0 -
Just received another letter for psychiatrist
Which basically says she has long-standing anxiety issues which are constant and overwhelming.
she has been getting help for over 10 years
She can’t cope with any engagement as it leads to anxiety symptoms and worries that overwhelm her.
would you include this even tho it doesn’t mention her self harming ?0 -
Also the psychiatrist said In her report
all aspects of her life are affected
and she can’t deal with any sort of commitments or plans as this severely affects her0 -
I would definitely include that.0
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