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grounds for an appeal

  • lennox04
  • Topic Author
13 years 7 months ago #53817 by lennox04
grounds for an appeal was created by lennox04
Hi, advice please, my story so far, I sent in my very first sick note on Feb 4th 2011, and was sent a ESA50 form on March 12th and filled it in and sent it back straight away (unfortunatly before I found this wonderful and very helpful site ) my ESA medical was for 31st March. On the form I stated my condition as a worsening of my sciatica, and o/a of the knees which I've had for years. In the meantime my Doctor recieved back late my x-rays, which confirmed the problem has spondolosis of the spine and osteo/arthritis of the hips, I presented this report to the M/Examiner at the medical and it was duly noted. As I have found out from this site, 8 out of 10 cases are knocked back from the evidence of the form alone, before the medical. My Question is could I appeal against the decision on the grounds of the late presentation of the x-ray evidence, thanks!

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13 years 7 months ago #53839 by Gordon
Replied by Gordon on topic Re:grounds for an appeal
lennox

If you are found fit to to work, you are entitled to appeal the decision.

I'm not sure where you have got the idea that decisions are made before the medical, that is not how the process works.

Statistically, many are failed after the medical, if you are one, then you should request the ATOS medical report, so you can see why they have failed you and then you can lodge an appeal based on this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • lennox04
  • Topic Author
13 years 7 months ago #53992 by lennox04
Replied by lennox04 on topic Re:grounds for an appeal
cheers Gordon, I've probably listened to knowalls who know nowt,as regards the medical report,I will do thanx.

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