reclaim of ESA on deterioration refused

hi all,

well, after losing a paper appeal I reclaimed ESA due to deterioration of circumstances. DM refused based on the old ATOS medical from 6 months ago.

Was advised to reclaim ESA again but to wait until 6 months had elapsed from the date of the last DM's decision after my ATOS medical.

So, I am off to reclaim ESA yet again and to submit all the fresh medical evidence and to see if they have the cheek to send me for another medical.

I have asked for a reconsideration of the recent decision and sent in yet more medical evidence.

How they can use a 6 month old medical is beyond me!

Not backing down though.

Lisa

Hi Lisa

You're right, they should not be using medical information that's six months out of date, especially when you are claiming ESA on the basis of a deterioration in health. I think you should make this a key argument on appeal.

Good luck

Derek

lochlisa wrote:

hi all,

well, after losing a paper appeal I reclaimed ESA due to deterioration of circumstances. DM refused based on the old ATOS medical from 6 months ago.

Was advised to reclaim ESA again but to wait until 6 months had elapsed from the date of the last DM's decision after my ATOS medical.

So, I am off to reclaim ESA yet again and to submit all the fresh medical evidence and to see if they have the cheek to send me for another medical.

I have asked for a reconsideration of the recent decision and sent in yet more medical evidence.

How they can use a 6 month old medical is beyond me!

Not backing down though.

Lisa

If the claim is for a condition that they would not expect to get worse in 6 months then, they could say if this is what your claim is for it should not be worse also if the medical gave them facts 6 months ago that would back up there postion it should not have changed then they could use this report

you say you have sent in more evidance if this shows a change it backs up your case, if the new evidance says nothing new just backs up what was said before it might not help, but if all the evidance is seen by a different DM you might get the claim

It shouldn't be relevant whether the condition is expected to get worse, it's a case of whether it has got worse.

I don't think a previous medical prognosis would have any relevence to a present claim or appeal. If claimants were judged on their previous prognosis (which is usually 3-6 months), I'm afraid that would be the end of the ESA WRAG.