Specific Disease

The DWP are stating that my client has not provided evidence to show that she was suffering from a ‘specific disease’ or bodily or mental disablement which she was not suffering from at the time of the determination and the she has not worsened significantly henceforth. Her ‘Back problems’ were taken into account at her medical assessment and subsequent determination.

My client must attend the local hospital monthly to receive 10 steroid injections, since she has been attending the number of injections have steadily increased from 3 to 10, I fail to see that moving from 3 to 10 injections does not demonstrate that her condition has worsened.

Also is it necessary for a claimant to have a ‘specific disease’?

They have quoted ESA Regs 22& 23; Reg 32(1); 4; Reg 32(2); Reg 32A(1); Reg 159 & Reg 40

Welfare reform Act 07 S 1(3)(A); S 1 (4)(a) & (b)

Having spoken to her consultant who has written to ATOS and the DWP to inform them that she is not Fit for work, nor will never be so, he fails to understand how a nurse’s assessment is superior to his own.

Any thoughts on a way forward here.

Discussed here.

http://www.rightsnet.org.uk/forums/viewthread/4765/

If it’s a worsening under 30(2)(b)(ii) rather than a new disease under (2)(b)(i), then whether or not it’s ‘specific’ seems irrelevant. It just needs to have worsened significantly - i.e. not a trivial amount.