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Failed WCA assessment, decision maker suggested I appeal
- Jane
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1 week 5 days ago #315522 by Jane
Replied by Jane on topic Failed WCA assessment, decision maker suggested I appeal
You mentioned your last OH and Consultants report were for March 2026. If you are on a patient initiated follow up (pifu) you could request a consultant appointment to review your current health and plan. That way you can get to know your consultant more (as you mentioned he's new). Whilst getting a professional experts view short/medium/long term. If you were planning a holiday for example and needed travel insurance it might be useful for that even if you didn't take the trip seeking a check up on health for travel purposes could be a way to seek this health report.
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- Kev
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1 week 5 days ago #315525 by Kev
Replied by Kev on topic Failed WCA assessment, decision maker suggested I appeal
I actually had a follow up lung function on Friday 5 September so I will have a follow up with my consultant probably in a couple weeks, the appt hasn't come through yet. I have emailed his secretary this weekend with a request. I attached my previous letters and explained my situation. I asked if he is able to review the previous letters and feels able to write something similar. If he doesn't feel comfortable commenting on my fitness for work I asked if he would be willing to provide a letter contrasting my medical history now to how I was in 2013 and 2017, showing the lung function decline and the development of a fully occluded carotid artery. If he is able to confirm that my health has not improved, but in fact declined further since those letters were written it should at least allow those letters to be treated as relevant to my current condition. I haven't had a response yet, fingers crossed. Does my request seem reasonable? I feel extremely embarrassed to ask him as I know they hate writing letters like this it's just a request to confirm my health conditions haven't improved since when they last awarded me so it seems a reasonable request.
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- David
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1 week 4 days ago #315532 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Failed WCA assessment, decision maker suggested I appeal
Hi Kev
I am sure that the consultant will be able to write a brief letter stating that your condition has deteriorated and not improved since the examinations in 2013 and 2017.
Let us know how you get on.
David
I am sure that the consultant will be able to write a brief letter stating that your condition has deteriorated and not improved since the examinations in 2013 and 2017.
Let us know how you get on.
David
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- Kev
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1 week 4 days ago #315542 by Kev
Replied by Kev on topic Failed WCA assessment, decision maker suggested I appeal
I just had the following reply from my GP surgery
'Good morning,
Thank you for your email. Unfortunately, our GP's have made the decision to no longer offer private letters. This is a private service that GP's can choose to participate in and at present, the clinical work load is at too high a demand to agree to take on this admin.
We can offer you a summary of your medical record which will hold your diagnosis, medication and a number of consultations which may help.'
I must admit I'm starting to feel rather helpless and not know where to turn.
'Good morning,
Thank you for your email. Unfortunately, our GP's have made the decision to no longer offer private letters. This is a private service that GP's can choose to participate in and at present, the clinical work load is at too high a demand to agree to take on this admin.
We can offer you a summary of your medical record which will hold your diagnosis, medication and a number of consultations which may help.'
I must admit I'm starting to feel rather helpless and not know where to turn.
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- BIS
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1 week 3 days ago #315558 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Failed WCA assessment, decision maker suggested I appeal
Hi Kev
I am sorry that you are having to go through this and can't seem to get current letters of support. If you are going to appeal your decision, I think you should say that you are being discriminated against because your doctor has an excessive workload and is unable to help. I would refer back to your previous doctor's evidence, and I would not worry that it is old evidence. I have successfully helped people with the only evidence being over 20 years old, and I argued that they had no newer evidence because doctors refused to see them because they were not going to get better. You have evidence already that your condition is not going to improve, and I think when I read through these, you have letters from different years that show your condition is not going to improve. I would be arguing that the assessor did not seem to understand your condition at all, and the impact it has on your life and how you are struggling, because there has been a marked deterioration. If they want further clarification, I would ask them to contact your GP or hospital consultant directly. This must be getting you down, but don't give up (unless you want to)
BIS
I am sorry that you are having to go through this and can't seem to get current letters of support. If you are going to appeal your decision, I think you should say that you are being discriminated against because your doctor has an excessive workload and is unable to help. I would refer back to your previous doctor's evidence, and I would not worry that it is old evidence. I have successfully helped people with the only evidence being over 20 years old, and I argued that they had no newer evidence because doctors refused to see them because they were not going to get better. You have evidence already that your condition is not going to improve, and I think when I read through these, you have letters from different years that show your condition is not going to improve. I would be arguing that the assessor did not seem to understand your condition at all, and the impact it has on your life and how you are struggling, because there has been a marked deterioration. If they want further clarification, I would ask them to contact your GP or hospital consultant directly. This must be getting you down, but don't give up (unless you want to)
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 2 days ago #315575 by Kev
Replied by Kev on topic Failed WCA assessment, decision maker suggested I appeal
Hi, thank you. I did end up getting a much better response eventually. I had to go to the surgery on Tuesday for my testosterone injection. It turned out I had missed a blood test the week before and I got upset whilst apologising for forgetting the appt. The nurse told me book an emergency mental health appt and then I would get in front of a doctor.
I had the appt this morning. Initially he started by saying that the GP surgery has a blanket policy of no letters but then he looked at my medical history and immediately said he'd help me. He wrote it as a consultation.
In his comments he has written the following, ' Not able to work full time due to long standing ongoing medical conditions: pulmonary fibrosis, interstitial lung disease, chronic fatigue syndrome, fibromyalgia, complete right internal carotid artery occlusion, hypothyroidism and hypogonadism requiring tesosterone replacement. The diagnoses remain current and have not improved and to an extent have gradually declined. Can work part time but not full time as demonstrated by previous occupational health assessments.'
I'm hoping this now bridges the gap so that my previous medical letters, occupational health letters and tribunal award for substantial risk previously will all have to be given weight as still relevant now.
I've also been asking ChatGPT for advice and its recommended requesting my manager to write a letter that confirms my previous full time position, my six weeks of absence earlier this year due to my declining health and the establishment of a permanent part time 22.5 hour contract as opposed to my previous 37.5 one.
I still don't hold out much hope of a mandatory reconsideration reversal but I'm trying to build as strong a case for the next tribunual.
I had the appt this morning. Initially he started by saying that the GP surgery has a blanket policy of no letters but then he looked at my medical history and immediately said he'd help me. He wrote it as a consultation.
In his comments he has written the following, ' Not able to work full time due to long standing ongoing medical conditions: pulmonary fibrosis, interstitial lung disease, chronic fatigue syndrome, fibromyalgia, complete right internal carotid artery occlusion, hypothyroidism and hypogonadism requiring tesosterone replacement. The diagnoses remain current and have not improved and to an extent have gradually declined. Can work part time but not full time as demonstrated by previous occupational health assessments.'
I'm hoping this now bridges the gap so that my previous medical letters, occupational health letters and tribunal award for substantial risk previously will all have to be given weight as still relevant now.
I've also been asking ChatGPT for advice and its recommended requesting my manager to write a letter that confirms my previous full time position, my six weeks of absence earlier this year due to my declining health and the establishment of a permanent part time 22.5 hour contract as opposed to my previous 37.5 one.
I still don't hold out much hope of a mandatory reconsideration reversal but I'm trying to build as strong a case for the next tribunual.
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