ESA appeal update.


N

Niteawk

Got some paperwork through on my appeal at last, it is going to tribunal. No
date is given for this yet.

My legal adviser says they will write to me soon advising me of the date to
attend, what type of hearing I want etc.


The bumph consists of Secretary of States Response, 5 pages.
6 pages of my appeal form.
26 pages ESA50 Limited capability questionnaire form.
19 pages ESA85 Medical report form.
2 page Score sheet.
1 the last page = Decision.

It is interesting to note that the examination starts as soon as their
doctor claps eyes on you. The first observation is made when the doctor
meets you for the first time, rising from a chair unassisted. The next
observation is walking up the stairs to his office. When in the office, the
doctor will hand you bottle or cup to see if you can hold it, pick it up and
put it down on the table, thats the physical examination done. The ESA85
report will show that you can get about and do things for yourself
unassisted.

I cant think of any unskilled jobs that requires so little effort for a days
work. If thats all employers want from me, then I am fit for work :)
 
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M

mart2306

Got some paperwork through on my appeal at last, it is going to tribunal. No
date is given for this yet.

My legal adviser says they will write to me soon advising me of the date to
attend, what type of hearing I want etc.

The bumph consists of Secretary of States Response, 5 pages.
6 pages of my appeal form.
26 pages ESA50 Limited capability questionnaire form.
19 pages ESA85 Medical report form.
2 page Score sheet.
1 the last page = Decision.

It is interesting to note that the examination starts as soon as their
doctor claps eyes on you. The first observation is made when the doctor
meets you for the first time, rising from a chair unassisted. The next
observation is walking up the stairs to his office. When in the office, the
doctor will hand you bottle or cup to see if you can hold it, pick it up and
put it down on the table, thats the physical examination done. The ESA85
report will show that you can get about and do things for yourself
unassisted.

I cant think of any unskilled jobs that requires so little effort for a days
work. If thats all employers want from me, then I am fit for work :)
Sounds very much like the medical report for incapacity benefit then.
Getting up, climbing stairs (usually takes more effort than walking on
level) and holding something in hand are three common physical tests.
Used for more than DWP reports.
Then again, I was under the impression you were going on mental
problem, which physical test wouldn't matter for.
Did the doctor do some notes on that? Not that I'm asking you to post
them on here.

Martin <><
 
R

Robbie

Niteawk said:
Got some paperwork through on my appeal at last, it is going to
tribunal. No date is given for this yet.

My legal adviser says they will write to me soon advising me of the date
to attend, what type of hearing I want etc.


The bumph consists of Secretary of States Response, 5 pages.
6 pages of my appeal form.
26 pages ESA50 Limited capability questionnaire form.
19 pages ESA85 Medical report form.
2 page Score sheet.
1 the last page = Decision.

It is interesting to note that the examination starts as soon as their
doctor claps eyes on you. The first observation is made when the doctor
meets you for the first time, rising from a chair unassisted. The next
observation is walking up the stairs to his office. When in the office,
the doctor will hand you bottle or cup to see if you can hold it, pick
it up and put it down on the table, thats the physical examination done.
The ESA85 report will show that you can get about and do things for
yourself unassisted.

I cant think of any unskilled jobs that requires so little effort for a
days work. If thats all employers want from me, then I am fit for work :)
As you weren't being tested on the physical descriptors you wouldn't
have really been given a physical examination. Even the "cup" test you
described wasn't necessary unless the examiner saw some merit in doing
that. Had you indicated physical problems you may have been asked to put
your hands above shoulder height, bend your knees, pick up a coin or
even undress!

Now you have all the papers you will be able to see how the medical
report was used by the DM to complete the score sheet.

incidentally, what was the doctor's opinion on when an improvement in
your condition or when you should be referred again? If either states
less than 12 months DMs often mark down scores and if it says less than
6 months then they often award very few points with the effect of ending
entitlement to the benefit.
 
N

Niteawk

Robbie said:
As you weren't being tested on the physical descriptors you wouldn't have
really been given a physical examination. Even the "cup" test you
described wasn't necessary unless the examiner saw some merit in doing
that. Had you indicated physical problems you may have been asked to put
your hands above shoulder height, bend your knees, pick up a coin or even
undress!

Now you have all the papers you will be able to see how the medical report
was used by the DM to complete the score sheet.
No, I cant see how that was done. All I see is a score. No indication as to
how the DM arrived at that score. I suppose if I look through the report, I
might be able to find the particular descriptors that the decision was based
on. Even then it would have to be a guess.


incidentally, what was the doctor's opinion on when an improvement in your
condition or when you should be referred again? If either states less than
12 months DMs often mark down scores and if it says less than 6 months
then they often award very few points with the effect of ending
entitlement to the benefit.
I notice is the medical report is a catch all standard tick box form,
computer generated. Not quite the personal doctors report or letter I was
expecting.

I also noticed the few things I said at the medical have been taken out of
context. According to the Dr. I COULD be well enough to return to work
within 3 months. The rest of it has "none of the above apply" comments
through out.

I think the Dr. has made a right **** up of this report. I was supposed to
be assessed on mental health grounds, not physical.
 
M

mart2306

No, I cant see how that was done. All I see is a score. No indication as to
how the DM arrived at that score. I suppose if I look through the report,I
might be able to find the particular descriptors that the decision was based
on. Even then it would have to be a guess.




I notice is the medical report is a catch all standard tick box  form,
computer generated. Not quite the personal doctors report or letter I was
expecting.

I also noticed the few things I said at the medical have been taken out of
context. According to the Dr. I COULD be well enough to return to work
within 3 months. The rest of it has "none of the above apply" comments
through out.

I think the Dr. has made a right **** up of this report. I was supposed to
be assessed on mental health grounds, not physical.- Hide quoted text -

- Show quoted text -
Standard tick box forms make things easier for admin types to get
information and means dcotor has something to follow.
Nothing more useless than missing something out in a medical and
having to rearrange (been there, done medical again due to dippy nurse
missing page).
Suprising that things taken out of context. What did you say that he
took as 'COULD be well enough to return to work?'

Martin <><
 
N

Niteawk

No, I cant see how that was done. All I see is a score. No indication as
to
how the DM arrived at that score. I suppose if I look through the report,
I
might be able to find the particular descriptors that the decision was
based
on. Even then it would have to be a guess.




I notice is the medical report is a catch all standard tick box form,
computer generated. Not quite the personal doctors report or letter I was
expecting.

I also noticed the few things I said at the medical have been taken out of
context. According to the Dr. I COULD be well enough to return to work
within 3 months. The rest of it has "none of the above apply" comments
through out.

I think the Dr. has made a right **** up of this report. I was supposed to
be assessed on mental health grounds, not physical.- Hide quoted text -

- Show quoted text -



Suprising that things taken out of context. What did you say that he
took as 'COULD be well enough to return to work?'
That was the Dr's. prognosis.

It is a complete and total **** up, I was supposed to be assessed on mental
health, nothing else. As stated on page 1 of the report under "Client
Interview" "Stress related illness", that is what I attended the medical
for. They have gone and done some half assed report based mostly on my
physical state.
 
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R

Robbie

Niteawk said:
No, I cant see how that was done. All I see is a score. No indication as
to how the DM arrived at that score. I suppose if I look through the
report, I might be able to find the particular descriptors that the
decision was based on. Even then it would have to be a guess.




I notice is the medical report is a catch all standard tick box form,
computer generated. Not quite the personal doctors report or letter I
was expecting.

I also noticed the few things I said at the medical have been taken out
of context. According to the Dr. I COULD be well enough to return to
work within 3 months. The rest of it has "none of the above apply"
comments through out.

I think the Dr. has made a right **** up of this report. I was supposed
to be assessed on mental health grounds, not physical.
If the Doctor indicated that you could be well enough to return to work
within 3 months then the DM has done a surprisingly decent job of even
giving you 12 points. I've seen people get none in similar
circumstances. Those 12 points should have come from the mental health
side of the examination though. It just seems like the doctor gave you a
very quick physical test too, unless there was something in a "cup" test
that formed part of the mental health test? Can't think what though.
 
N

Niteawk

Robbie said:
If the Doctor indicated that you could be well enough to return to work
within 3 months then the DM has done a surprisingly decent job of even
giving you 12 points. I've seen people get none in similar circumstances.
Those 12 points should have come from the mental health side of the
examination though. It just seems like the doctor gave you a very quick
physical test too, unless there was something in a "cup" test that formed
part of the mental health test? Can't think what though.
Do you think so. I think the DM realised that the idiot Dr must have lost
the plot by concentrating mainly on my physical health, and thought it
better to give some points based on mental health. That is why the points I
have are not making any sense.
 
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M

mart2306

Do you think so. I think the DM realised that the idiot Dr must have lost
the plot by concentrating mainly on my physical health, and thought it
better to give some points based on mental health. That is why the pointsI
have are not making any sense.- Hide quoted text -

- Show quoted text -
Hmmmm....so could the tribunal order another medical?

Martin <><
 

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