Wrong Medical Condition

Hi Stephen

I’ve had the same problem. Medical reports often disregard many of the disabilities claimed on your medical form.

I made quite a big issue of it in my appeal statements, and argued that the medical report has no credibility as the approved doctor was unaware of my conditions at the assessment. Unfortunately I can’t tell you what impact it could have on a tribunal as the judge did not mention at the hearing or make comments in the statement of reasons, about anything in the appeal papers and probably didn’t even read them. The case is now at the Upper Tribunal.

I understand however, that it is normal practice for a tribunal judge to read the appeal papers so I would suggest that you do make as strong point about it on appeal. Also, when examining the ESA activities that you did not score points for where you feel you should have, consider whether or not the effects of ME/CFS on your ability to carry out the activity was properly considered.

Could this error have had any negative effects in the initial review that impacted on the score I received?

ESA is very much a lottery; I think a spider landing on the doctor's head could have a negative impact on the points you score. But you can certainly argue that a doctor who is unaware or may be unaware of your conditions may not properly assess you. The very fact that it has not been documented raises questions about the assessment.

Good luck with your appeal

Derek

Stephen wrote:

I have just received the documents for my ESA appeal.

The medical results are not dis-similar from my recollections, however, they have my condition as Multiple Sclerosis when in fact I have been an ME/CFS sufferer for more than 12 years.

This appears to have happened when I made the original claim over the phone, I have tried to correct this several times, and made it clear on the documents I submitted and at the medical that this was incorrect.

So my question is, can I use this as leverage for the tribunal? Could this error have had any negative effects in the initial review that impacted on the score I received?

Thanks for any thoughts.

Steve

Given the way they work if you could not get it for MS what chance ME ?

I had a medical assessment in February, scored 0 points because the assessing doctor did not believe what I told her about pain and fatigue. She wrote in her report that I have a stoma, although I don't. I do have IBS, a common symptom of fibromyalgia syndrome, which is the condition which is making it impossible for me to get back into employment. I don't know how this will go at appeal, my tribunal is on 20 Sept. This is a TERRIBLE time to be ill, I have never been so anxious about the future.

Hi Steve

It’s very difficult to answer specific questions on an individual claim. You would need to see a welfare rights advisor who can go through the appeal papers with you.

would the Decision Maker have taken into account my illness when making their determination and as a consequence would they have come to the wrong decision because they assumed MS?

Only the appeal papers, which contain the Decision Maker’s reasons for the decision, will contain the answer to that question. You have said ME is mentioned in points; the important question is, was it considered as your disability, from the evidence they gave in their response?

Secondly, could this error be seen as deliberate on my part and affect my appeal in the broader sense?

I think extremely unlikely. I understand that the telephone application is audio recorded and is treated as your official application. Also, you will have evidence of your claimed disability on your ESA50 medical questionnaire, which should be in the appeal papers.

Conversely, can I use it against the DWP and their competence.

Again, I think unlikely. Tribunals are not concerned with clerical errors, even if they are repeated incompetently. Please read the appeal guide in the members’ area and seek face-to-face advice if necessary.

Hope this has been more helpful, best of luck with your appeal

Derek