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ESA language problems
Can anyone point me in the direction of any decisions re above.
Cleint nil points at medical.
will have a Polish translater at the appeal.
Sorry, bit confused here. What exactly do you need? Are you disputing a limited capability for work decision based upon communication issues as your client doesnt speak English? What exactly are his health issues? Getting 0 points at “medicals” pretty much the norm these days so more details will be needed as to how his illness/disabilities affect his ability to work.
his main problems are mental health and his inability to deal with social interaction.
His main points of appeal are activities 19;20and 21.
there is no meantion of this in his report although he meantioned it in his ESA50.
Was there a translator or a Polish- speaking HCP at the medical?
no translator at medical, client has basic english and can’t express himself too well.
It might be argued that the medical report should be given less weight than it might have been had the HCP and the apellant been able to communicate clearly.
All the MH descriptors seem to be more or less worked out from the appellant’s description of a ‘typical day’ and if there was a language barrier as well as MH prob that hampered that process then the Tribunal may be less interested in the HCPs report.
It is very helpful that the appellant himself noted the problems on the ESA50, in my experience Tribunals tend to make rather more reference to the ESA50 than they do to the HCP report