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ESA medical ignoring effects of acknowledged condition
At a medical re WCA the medical assessor seems to have ignored a clients acknowledged condition (inability to walk) and concentrated on those activities associated with grip raising hand etc and then ignored claimants protestations as to his inability to walk.
Has any one else come across this style of not gathering information?
Thanks in advance
do you have the result yet? if you haven’t, you may find that apparent need for concern is unwarranted (albeit the person should have said e.g. yes i know it’s recorded); if, on the other hand, when you get the result you find it isn’t mentioned and no mobility needs acknowledged, then its an appeal situation…..
Probably will say “can use a wheelchair”. So you will need reasons why not: no strength in shoulders/wrists/hands etc to use at appeal
I’m aware of the appwals procedures what I wanted to know was whther any other advisors had come across this
Did you actually attend the assessment, or are you going from the client’s account of it? I would be tempted to request the report before forming any conclusion. Clients (bless em!) can often get totally the wrong impression, either positive or negative, of how the assessment went, or can obsess about one particular aspect or question. Usually it’s best to wait until you have both sides of the story.
Clients can certainly get the wrong impression but the other side of that I think there’s sufficient anecdotal evidence on here alone and from clients I deal with on duty to be able to assert that it’s not exactly an uncommon thing. Already had one this week who complained that they had tried to raise mental ill health but ut had been wholly disregarded and no questions asked. That followed the one where the claimant felt they were a non-participant because the HCP asked the questions and helpfully answered them for them!
Bottom line though is that
a) little point in speculating. Get a copy of the report and see what’s what.
b) you’re generally kicking at an open door with appeal panels who are, by now, as heartily sick at the quality of such reports, as the rest of us.