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Surgery and LCFW
I have a client who is being transferred from IB to ESA and recently failed his “medical”
He told the Atos “healthcare professional” at his assessment last month that he was about to undergo surgery on the 1st Feb 2012. He took with him the hospital appointment letter for confirmation.
Surprise surprise he scored 0 points and has been told he is not entitled to ESA.
I am sure that although he may not have scored 15 points he should still (for the time being) be classed as having a limited capability for work as he is about to undergo surgery, and will therefore be recuperating from such a procedure. I am helping him appeal this, however is there any provision (apart from reg29) to class him as having a LCFW due to the surgery thing?
Any help would be greatly appreciated.
I have just been informed that the client was contacted this morning saying his operation has been temporarily postponed by his hospital for a few weeks, however does my original point hold water anyway, as when the determination was made he was still expected to undergo the operation.