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Thread: Medical assessment due/ advice

  1. #1
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    Medical assessment due/ advice

    Hi,

    I had a medical 2 yrs ago with Atos who said I was fit for work and placed me in the working group/ but then I appealed and was placed in the support group once I attended the medical tribunal

    They were tremendous and agreed with all my doctor letters that I'm unfit for work. So it's been 2 yrs since and I'm due to meet Atos end of this month for assessment

    I KNOW they will say same thing- fit for work. Now, since the two yrs I've started some new treatment for my disability and on top of that, I am due right shoulder surgery plus surgery on both feet to reattach my broken toes.

    I have TWO questions (bare in mind I'm on new treatment and desperately want to go back to work in near future BUT this also depends on the 3 operations I have coming up)

    Is there ANY point appealing to medical tribunal again based on the above alone? ie I want them to extend my time until after my surgeries

    Sorry I have no experience within this area (last time I appealed based on fact walking 50 metres was very painful)

    Also not sure if this will relate to anything but I had an eye operation in 2015 and I'm due another one in late 2017 so that's 4 planned procedures in 2017 alone

    Thanks in advance

  2. #2
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    Quote Originally Posted by chinesetopteam View Post
    Is there ANY point appealing to medical tribunal again based on the above alone? ie I want them to extend my time until after my surgeries
    Hi
    Short answer...No.

    As I see it, you will be assessed on your work capabilities (or lack of) as you are now, aka- at the time of your re-assessment f2f. Any forthcoming surgery will (depending on the outcome) necessitate you to make a request for a supersession (posh word for a re-assessment of your new condition/limitation)

  3. #3
    Senior Member nukecad's Avatar
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    As Tanya says you will have to wait for the outcome of the assessment to see if you need to appeal or not.
    (You can't appeal a decision that hasn't been made yet).

    You will be assessed on your capabilities as they are at the time of the assessment.
    They should take into account any treatment you are now having, but can't consider future treatment or operations.

    Remember that this is an assessment of your capability to do any work, it is not a medical as you would normally think of one.

    You seem a bit fuzzy on the possible outcomes of the assessment, so here's a quick explanation:

    There are 3 possible decisions that can be made after a Work Capability Assessment.
    1. Not having Limited Capability for Work. (Fit for Work).
      You are not entitled to ESA at all.
      .
    2. Having Limited Capability for Work. (LCW)
      You qualify for ESA in the Work Related Activities Group (WRAG).
      You will have to have interviews at the Jobcentre, and maybe do some kind of course.
      You cannot be made to search for or apply for jobs, or do any work experience schemes.
      .
    3. Having Limited Capability for Work and Work Related Activity. (LCWRA)
      You qualify for ESA in the Support Group (SG).
      You may be asked to interviews, but (usually) don't have to go unless you want to.
      You cannot be made to do any courses, to search for or apply for jobs, or do any work experience schemes.


    PS. It is MAXIMUS who do ESA assessments now (they sometimes call themselves CHDA), Atos don't do ESA assessments anymore.

    Good luck for the assessment, and for your operations when they happen.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

  4. #4
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    Thank u both very much for the replies

  5. #5
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    Update-
    I had the assessment after new year and my case was sent for review. The case officer conducting interview told me that due to all my upcoming surgeries- that alone is sufficient to remain in support group based on their experience. So yes, just heard back from them and I'm still in support group. Thanks

  6. #6
    Senior Member nukecad's Avatar
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    Glad to hear your result, I hope that when you say 'heard' you mean a letter and not just someone on the phone.

    Thanks for comming back and letting us know how it went.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

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