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ESA 85 barely legible
I have received ESA appeal papers which include a handwritten ESA 85 done by a doctor. Most of it is clear enough but some words or sentences are simply unreadable due to the handwriting.
Any suggestions what to do about this? Are we just stuck with the parts of the evidence that is legible?
Ask tribunal for direction that department provides typed version of report. SoS can return report to ATOS - and if need be to HCP - for typed copy.
That said, how crucial to deciding the appeal is this going to be? If most of it is clear enough, then it’s presumably clear enough for you to demolish its findings and conclusions. And you’ll have other, more supportive medical evidence that you’re going to be arguing that the tribunal should prefer…..
On the other hand, I did recently have a case where the clinical findings were great - the only problem was the HCP and DM had failed to follow through on the logic of those findings in their conclusions. So we won on the basis of the ESA85 (I didn’t even bother trying to get other evidence) - something that wouldn’t have been possible if we couldn’t read the report…....
I’ve spent some enjoyable minutes in hearings trying to work out what something says and, on more than one occasion, what the appellant is saying. So far, it’s not been a serious problem, but it’s a matter of time. The greatest issue for me the ESA85s is either that it leaves something out all together or contradicts itself.
Any chance of an example, to see how bad it really is?