Question regarding Access to the Medical Report.

Hello All

Sorry if this is a bit convoluted, but this is my first post!

Following a recent review of my claim for ESA I was moved from the support group to the Work Related activity group. This was despite my condition deteriorating since my initial medical with Atos in November 2009, and having supplied two medical reports to this effect. The decision was made as a paper exercise without a further medical.

I have widespread osteoarthritis in most joints, gross deformity of both legs, a degenerative spinal condition and severe mobility problems. I suffer permanent chronic/severe pain for which I am prescribed Oxycontin and Oxynorm. I was medically retired from work in January 2010.

I wrote to the DWP on 22 January asking them to reconsider the decision in the first instance,and failing that to proceed to appeal. I could not understand how they had arrived at the conclusion that my condition had improved when the two medical reports supplied to them said the opposite. I asked the DWP to verbally outline why the decision was made. I was given a very vague response which just said that I did not meet one or more of the descriptors, nothing more.

As yet I have had no response from the DWP. In my letter I also requested a copy of the medical advisor's report which to date I have not received. I am aware that there is a one month timescale to lodge an appeal. I presume that my letter whilst asking them to reconsider the decision will meet the requirements in terms of the appeal process. However, I would welcome a view on this. Also, should I be writing a further letter requesting the medical advisor's report prior to receiving a formal response from the DWP?

Thanks Gordon

The decision letter was dated 19 January 2011. When I phoned the DWP they asked me to send a letter asking them to reconsider, however in my letter I said 'As advised I write to request that this decision is reconsidered and to formally appeal this decision'.

I met with CAB last Tuesday. A previous appointment had been cancelled by them. I now have a GL24. However, they advised me to wait for the response from the DWP before taking it further.

I am now concerned that I am almost out of time re the one month rule. Do you suggest I complete and send the GL24 by guaranteed delivery tomorrow? The DWP will then receive it on Friday.

Do I need at this juncture to give detailed reasons in section 8 of the GL24?


Many thanks.

Thanks again Gordon

Do you suggest that I wait for the further decision and then send the GL24 if the decision is not changed, or send it now for the avoidance of doubt?

Regards Paul