Question about medical report

Just a quick question? I am still waiting the decision (refusal) from esa. The medical assessment states that I can be expected to return to work in approx 3 months as she expects my condition to improve. (I would like nothing more but it's never going to happen) My question is does that mean they accept that I have been ill all the time this circus of a claim has been going on?
Many thanks

Sue

Hi Sue

I if understand you correctly (from your previous thread) you have been refused DLA and are awaiting an ESA decision.

The ultimate decision for your entitlement to ESA lies with the Decision Maker at the DWP. They usually go along with whatever the medical report states.

As long as you are awarded ESA you should receive it until your are next reassessed, which won't necessarily be as early as three months. If they refuse ESA I would expect ESA payments to stop from the date of the decision unless you continue to claim ESA while appealing, but of course, we hope that will not happen.

Best wishes

Derek

Hi Derek,

Thanks for that, the medical report states a return to work in 3 months so assuming that esa do go with that (which they will) how can they say you are not entitled to esa now, for the last 6 months or so and for the next 3 months? Surely they couldn't say I have to get jsa now when even atos are saying 3 months time. I will appeal if/when they decline it but sick note is in until October so couldn't claim jsa anyway.

Really confusing me this,

Kind regards

Sue

Hi Sue

You can continue to claim ESA assessment rate until you get to your tribunal. The only thing is if it goes beyond your current sick certificate you will need to get another. Dont read too much into the 3 month issue as when i attended my medical the atos dr said that he would expect me returning to work within 6 months!!!

I never actually got to tribunal as CAB were very helpful and requested a repot from my GP. A week before my case was due to be heard it was overturned and i was subsequently placed into the support group with no date for review!!!!!

If at all possible it may help your case if you seek advice as there may be some way round it and providing you send any further information in good time it will be considered at your tribunal. I believe you can send in additional information in right up to the date but if there is more than 3 pages they may ajourn. Anything in support of your disability will be beneficial to your case.

I only scored 9 points in my medical if that helps any!!!

Take care and keep your chin up!!!

Mm

Hi Sue

A medical report is not a legal document. It is simply advice to the Decision Maker at the DWP, which he could completely disregard if he wants to, although they nearly always follow it.

When you claim ESA you are entitled to the assessment rate from the date of claim, until the date of the decision. If it is an adverse decision, you are entitled to continue claiming ESA while appealing. As millymoo said, you wouldn't need to send in another medical certificate until October.

If it is a positive decision, and I very much hope that it is, you should receive the WRA component rate and have it backdated to 13 weeks after the date of your claim.

Best wishes

Derek