Undiagnosed condition at time of assessment

Hi,

Client attended F2F WCA at beginning of July 2017 (found fit for work). She was subsequently diagnosed with Macular Degeneration at the end of July 2017. Her symptoms of this condition had not changed between these 2 periods but client was almost involved in a serious car accident towards end of July 2017, due to her reduced vision, which prompted her to get her eyes tested. This equally could have happened before July 2017.

Prior to this incident, client had just suspected that she may need new glasses as she had only ever been prescribed reading glasses. Therefore, she did not mention symptoms of MD at all during the assessment. However, she had also been experiencing falls around the time (also not disclosed during WCA). Can we still challenge that Activity 8 (Getting around safely) was appropriate when she had her WCA?

A new claim for ESA was submitted in October 2017. Client has also been found fit for work following this WCA too so we’re in the process of challenging both decisions.

I welcome any views on this.

Thanks, Kate.

Lack of diagnosis isn’t the issue. The issue is being able to evidence what she now asserts.

MD can develop at hugely different rates so it’s really a case of getting detailed evidence from an Ophthalmologist/consultant as to the likely period she would have been experiencing difficulties and at what likely level. You don’t say whether she’s wet MD or dry but the dry predates the wet and can occur over several years whereas the move to wet can be remarkably quick.

“... Almost involved in a serious car accident” is actually just a near miss so I’m not sure it has much value beyond being part of the chronology. However, retrospectively there will be numerous incidents her; her family and friends may have noted over a period and attributed to something else completely so it would be worth having that conversation and adding that into the mix.

One presumes she’ll now be getting a CVI in order to get registered; having a low vision assessments for NHS aids etc. and a LA assessment? All of these things would feed into a successful claim for ESA and the appropriate disability benefit.

Thanks Mike. Difficult as prior to the assessment she just felt that maybe she needed new glasses. Got reports from Opthalmology but she hasn’t been given CVI.

Thanks for your response.