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HCP's alleged evidence.
- Jetset Willy
- Topic Author
11 years 10 months ago - 11 years 10 months ago #108507 by Jetset Willy
HCP's alleged evidence. was created by Jetset Willy
Background.
I was put into the WRAG without an assessment, I immediatley appealed.
Just received all the documentation from the DWP stating my Appeal Has been sent to the Tribunal after reconsideration.
Now looking at their 'Facts' they state that, though they acknowledge that they did receive my ESA50, it cannot be found and is considered destroyed !
Then it was pointed out to me that on the HCP's Justifications, the HCP states;
"The available evidence from the Med 3 and 113 has been used to give advice in this case"
Wot? no ESA50?. No because it was lost, The HCP never saw it. NOR DID THEY MENTION THAT FACT
Problem here is that firstly there never was or has been a Med3. Last sicknote I had was in 1993
Secondly, going by the HCP's statement that they only used the Med 3 (which they didnt) and the ESA113 which even to my eyes is very sparse as I had only been with that Doctor for 3 months and seen her once, That the entire decision could only have been based on the very sparse ESA113.
is that going to be any worth at My appeal or will they simply wash over it.
Also is it worth making a formal complaint to ATOS and the Nursing and Midwifery Council about the HCP [removed] about the Med 3.
Can I get legal aid for representation at an Appeal
Cheers
I was put into the WRAG without an assessment, I immediatley appealed.
Just received all the documentation from the DWP stating my Appeal Has been sent to the Tribunal after reconsideration.
Now looking at their 'Facts' they state that, though they acknowledge that they did receive my ESA50, it cannot be found and is considered destroyed !
Then it was pointed out to me that on the HCP's Justifications, the HCP states;
"The available evidence from the Med 3 and 113 has been used to give advice in this case"
Wot? no ESA50?. No because it was lost, The HCP never saw it. NOR DID THEY MENTION THAT FACT
Problem here is that firstly there never was or has been a Med3. Last sicknote I had was in 1993
Secondly, going by the HCP's statement that they only used the Med 3 (which they didnt) and the ESA113 which even to my eyes is very sparse as I had only been with that Doctor for 3 months and seen her once, That the entire decision could only have been based on the very sparse ESA113.
is that going to be any worth at My appeal or will they simply wash over it.
Also is it worth making a formal complaint to ATOS and the Nursing and Midwifery Council about the HCP [removed] about the Med 3.
Can I get legal aid for representation at an Appeal
Cheers
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #108512 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic HCP's alleged evidence.
JW
The reference to a Med-3 is most likely the result of the LiMa software that is used to compile the report, generating the phrase automatically and irrespective of one actually existing, as we have seen this with a number of other members where no Med-3 has been issued for a number of years. You can certainly make the point that the HCP should have deleted the phrase, but whether this amounts to deliberate intent by them is debatable.
You may be able to get Legal Aid, but it will depend on whether any agencies have spare budget, you do not have any inherent right to Legal Aid when appealing to the Lower Tribunal only the Upper one.
Where to get advice?
Tribunals are won by the claimant showing that they meet the requirements for the benefit, in this case the Support Group, showing that the DWP's Decision is incorrect and that the ATOS medical report is not representative of your limitations is important, but will not result in a successful appeal.
Gordon
The reference to a Med-3 is most likely the result of the LiMa software that is used to compile the report, generating the phrase automatically and irrespective of one actually existing, as we have seen this with a number of other members where no Med-3 has been issued for a number of years. You can certainly make the point that the HCP should have deleted the phrase, but whether this amounts to deliberate intent by them is debatable.
You may be able to get Legal Aid, but it will depend on whether any agencies have spare budget, you do not have any inherent right to Legal Aid when appealing to the Lower Tribunal only the Upper one.
Where to get advice?
Tribunals are won by the claimant showing that they meet the requirements for the benefit, in this case the Support Group, showing that the DWP's Decision is incorrect and that the ATOS medical report is not representative of your limitations is important, but will not result in a successful appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jetset Willy
- Topic Author
11 years 10 months ago - 11 years 10 months ago #108513 by Jetset Willy
Replied by Jetset Willy on topic HCP's alleged evidence.
Thank you for that Gordon.
Would the fact that they also did not even see the ESA50 count at all.?
Am I allowed to counter the DWP's statements of facts at all or does it just come down to me proving I meet the Support group requirements.
My problem is that Ive been on IB since 1993 with a Degenerative condition. When askin 3 Doctors about a medical re-assessment of my condition they all said prectically the same thing.
"Whats the point"
That about it really, though I do have the original consultants report and my Doctors letter
Can I submit more evidence countering the DWPs latest submissions before appeal
Would the fact that they also did not even see the ESA50 count at all.?
Am I allowed to counter the DWP's statements of facts at all or does it just come down to me proving I meet the Support group requirements.
My problem is that Ive been on IB since 1993 with a Degenerative condition. When askin 3 Doctors about a medical re-assessment of my condition they all said prectically the same thing.
"Whats the point"
That about it really, though I do have the original consultants report and my Doctors letter
Can I submit more evidence countering the DWPs latest submissions before appeal
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108520 by Gordon
It is important to show errors in the Decision Makers process and the medical report, but all you get by showing that the Decision is wrong, is that it is wrong, there is no default position of innocent until proven guilty, or SG until proven WRAG. So the missing ESA50 is an important issue and you can certainly question whether the DM has sufficient evidence to make a proper Decision, but it does not mean you should be in the Support Group, in fact in some ways it undermines the Decision to place you in the WRAG, although this should not be a problem.
You can certainly submit any evidence that you feel is appropriate, including the missing ESA50 if you believe it is supportive of your appeal, you can also re-state your reasons for believing you should be in the SG.
Most Tribunal Decisions are made on the day based on the evidence presented and the testimony of the claimant during the hearing, so there is every reason to believe you will be successful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic HCP's alleged evidence.
Jetset Willy wrote: Thank you for that Gordon.
Would the fact that they also did not even see the ESA50 count at all.?
Am I allowed to counter the DWP's statements of facts at all or does it just come down to me proving I meet the Support group requirements.
My problem is that Ive been on IB since 1993 with a Degenerative condition. When askin 3 Doctors about a medical re-assessment of my condition they all said prectically the same thing.
"Whats the point"
That about it really, though I do have the original consultants report and my Doctors letter
Can I submit more evidence countering the DWPs latest submissions before appeal
It is important to show errors in the Decision Makers process and the medical report, but all you get by showing that the Decision is wrong, is that it is wrong, there is no default position of innocent until proven guilty, or SG until proven WRAG. So the missing ESA50 is an important issue and you can certainly question whether the DM has sufficient evidence to make a proper Decision, but it does not mean you should be in the Support Group, in fact in some ways it undermines the Decision to place you in the WRAG, although this should not be a problem.
You can certainly submit any evidence that you feel is appropriate, including the missing ESA50 if you believe it is supportive of your appeal, you can also re-state your reasons for believing you should be in the SG.
Most Tribunal Decisions are made on the day based on the evidence presented and the testimony of the claimant during the hearing, so there is every reason to believe you will be successful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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