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Thread: Esa zero points help needed

  1. #71
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    Cab is a good idea
    Have you looked at their site ? http://www.citizensadvice.org.uk/ben...y-to-tribunal/

    You are worrying to much about a flawed and biased report, all your evidence is already there to prove your claim. Only about 11% of MR's are successful as DM's are not medically trained which is why they rely on their own "experts".

    All you need to do is show what part of your evidence shows how you meet the criteria for each descriptor and let the facts speak for you.
    I know it is easy for me to say but it really does not have to be hard.

    Let us know how you get on with CAB, we will all be here to help if needed
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  2. #72
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    Whilst I agree with David that your main priority is to prove you meet the criteria, if you can discredit the HCP report(so it wouldn't then be counted as reliable evidence) then at the very least, the tribunal would have to find a new assessment needed. (No one wants that though ofcourse)

  3. #73
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    At what is a stressful time for anyone, trying to discredit the HCP report will at best be ignored by the tribunal, (They are only interested in your functional ability ) and at worst prolong the whole process if they do find in favour of a new assessment.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  4. #74
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    I am going to attack this on 2 fronts i think thats the best way forwards. I hope my evidence proves i am unable to work atm and the tribunial will see this and make the hcp report null and void. I am also going down the complaints route to try and discredit the hcps work of fiction.

    Going to try and see the cab this week its hard for me to get there and harder to be able to sit and wait via a drop in session but i am going to do it by hook or by crook.

    If i go to tribunial all guns blazing (i want 2) i think it may not work and i could blow my case and end up with the zero points. I am going to prepaire for it almost as if the hcp report does not matter and just try and prove where i scored points last time and show why i should still score them now.

    David. What do you make of the DM stating my evidence has signifficant information to contradict the findings ?
    It seems to me he could have overturned it based on it but for what ever reason did not.
    Does that suggest my case is quite strong ?

    Or do you think i am reading to much into it ?

  5. #75
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    Peter
    Without seeing your evidence it is hard to tell, but from what you have said I think you have a very good claim.
    It is difficult for a DM to change things based on medical evidence as they don't have medical training. The DM would have had to send back to the AP for another opinion which may have come back the same. The DM may have taken the view that your best route is to go to tribunal and not waste anymore time with the AP

    You need a cool head now, forget the complaint, forget the HCP report. Treat the appeal as a fresh claim. All the evidence is already in place you just need to direct the panel to the relevant pieces.
    You need an SSCS1 to start the appeal, you only need basic reasons for your appeal, your submission will be done later when your appeal has been accepted.

    Once you have submitted your form then you can think about complaint but that is a secondary concern, the important thing is to win your appeal.

    What part of the country are you in ?
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  6. #76
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    David . I am in the north east. Going to try and get to the cab in the morning. Can i download the sscs1 or do i need to phone and ask for it ?

  7. #77
    Senior Member mikeydt1's Avatar
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    you can download it from here -

    http://hmctsformfinder.justice.gov.u..._forms_id=3038

    it is in pdf version

  8. #78
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    Thank you mikey. I didnt make it cab today but might get there tommorow.
    That pdf is of great use i can get that printed from home .

  9. #79
    New Member clara's Avatar
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    Unhappy I have recently had the exact same problem. I also got zero points!

    Quote Originally Posted by Peter View Post
    I had a maximus esa medical and scored zero points. The hcp has told lies on the form and has got a lot of info incorrect. He has stated several things that i am unsure how to prove are wrong. I have a damaged spinal cord and am waiting for a 3rd spinal fusion in 4 years live in constant pain and am on a lot of painkillers. I dont know how to prove what i can or cannot do. I have had to sign onto jsa but my doctor has gave me a med cert and says he will continue doing so for as long as needed. My doc/hospital notes state what i have had done fusions etc but i dont have written proof of what i can or cannot do. Any help welcome.
    I was also awarded zero points! And my report was completely wrong. My condition was changed, there was a lot of things added that I did not say and wasn't even asked. There was lots they missed out that would of helped my claim. I was rushed through the assessment and wasn't asked the right questions. Nothing they put in my report was correct or said by me as it states.

    I also don't know what to do about this I've sent my mandatory reconsideration letter explaining all this nut not sure it will do any good. As I think this has been done deliberately to keep numbers down and meet targets.

    It is wrong I've had to claim jsa and i'm missing a lot of appointments they have made for me which is making my condition worse and will get sanctioned as well.


    Surely this is wrong and there must be something I can do about it?

  10. #80
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    Hi Clara
    It would be easier if you started a new thread
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

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