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Failed WCA assessment, decision maker suggested I appeal

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6 days 23 hours ago #315615 by Kev
Hi, I thought I posted a reply about my subsequent success receiving a doctor's letter but this thread hasn't been updated and I can't see any way to look at my sent posts. Could the thread be updated please?

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6 days 23 hours ago #315618 by David
Hi Kev

We want to ensure an adequate response to your post so it will be looked at when a moderator with the appropriate understanding is available.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kev

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5 days 6 hours ago #315637 by David
Hi Kev

Thanks for your update. Have you seen the CPAG guidance on Substantial Risk?
cpag.org.uk/welfare-rights/bulletins-art...substantial-risk-wca

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kev

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4 days 2 hours ago #315652 by Kev
I received copies of my decision explanation and assessors report today. I sent them multiple pieces of evidence, previous tribunal win over substantial risk, 3 doctors letters explicitly saying I had to be found to have LCW under substantial risk with two citing regulation 29 under ESA. I also had three occupational health reports across a ten year period explicitly stating that I was struggling with additional hours and that in their opinion my health would deteriorate if I didn't reduce my hours.

Nowhere in the assessors report or the decision explanation are my previous tribunal win or letters ever once mentioned. They seem to have simply ignored them completely.

I now have a new GP letter from last week confirming that all of my health conditions are still current, unresolved and that there has been no improvement and to an extent they have gradually declined. He reiterated that I am not fit for full time work as demonstrated by repeated occupational health assessments.

Should I write an MR appeal asking the new DWP decision maker to explicitly engage with the evidence, and ask how the assessor can conclude there is no substantial risk when I have a previous tribunal win, 4 doctor and consultant letters and three Occ Health reports explicitly saying there is?

I was thinking just quoting directly from each letter and asking them to explain how they consider each of these statements no longer relevant, adding the new GP letter which confirms my conditions are only gradually declining over time?

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3 days 1 hour ago #315661 by David
Hi Kev

Yes I would make the Mandatory Reconsideration as you say. You have the new GP evidence confirming that your health conditions are still current, unresolved and that there has been no improvement and to an extent they have gradually declined.
You can substantiate the letter by quoting as you say from the previous evidence.

Best of luck and let us know how you get on.
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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