Help with Incapacity Medical

Hi Stephen

I would say that is encouraging for your appeal. If the DWP rely on the medical report to justify their decision, you could argue that the medical report has little credibility as the examining doctor clearly did not properly read your ESA50.

In particular, where this incorrect fact has been used to justify awarding you no points for an activity, the doctor's reasons for the decision is flawed.

Derek

Hi Derek, Rachel, Crazy Diamond and Net Guy,

Thanks for your reassurance it has helped. Since posting I've had some really good news - apparently, now, the Dr has said there is enough medical evidence and I don't need to be seen and that they are sending a letter out (will feel better when I've seen it in writing). Needless to say it's a massive weight off my shoulders for now and it's really great news.

It seems this turn around of their decision has come since my doctor wrote a letter requesting a home visit and it sounds like they may have re-looked at my evidence. I did do a thorough job using the clamaints guide thanks to the website.

Thanks again for your help

Angelcake

P.S Rachel - I don't know when you last asked about CBT but it might be worth re-asking for, if you're interested, as more funding has been provided by the goverment for CBT and waiting lists are not as long as what they used to be.

Hi Stephen,

Sooory forgot missed off your name when I replied.

Anyway thanks and good luck with your appeal

Angelcake

well i wish you to all the best, one point if you had relases and able to get the dates and any medical records, of your gp or other mental health team nhs staff, yoru records, that aslo shows any cpa care palns and risk aseseeemnets and details of the unmet needs, where the nhs trust say their no funding for speicalst treatment you may need long term, then any a and e departments if one atended due to serve replases, and dates of these, may help, takes time to do a data protection act acess request on your self, for each nhs trust, well as if one has complex needs and cbt treatment did not work, and also meds not working , thne the duty of care nhs and gp owes you to find talking treatment that does, i not liked where i am, as i do push the boat to get all reports , wrote about be correctly and openly, other wise, so called dwp and dla officals drs, DO misunderstand reports to and your own medical everdance, i to may be due a review, yet ones gp doe not relise how this has serve reaction on my health , ie speical reasonale adjustments, and asessemnts will me worse, having to relive and tlak about, the real me, , hope this bit of info helps.