Doctors report for my Esa tribunal

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Doctors report for my Esa tribunal

Postby linedancer99 » Tue Feb 11, 2014 1:54 pm

Hi all

Not sure if this is in the right topic

I had my incapacity converted into Esa with no problem but I was put in the wrag. This was in December 2012. I had my interview at the job centre the following January, where I was given the paperwork to appeal to be put into the support group.

Anyway a long story made short, I am now waiting to go to an oral hearing, after the paper hearing was adjourned as they wanted to see me and also have my medical records from January 2011.

I have just received a copy of the medical records and am shocked at the comments one doctor has made ( I don't always see the same one). Probably won't be seeing this one again!

He has put on 29th Feb 2012
Fell 5/52 ago ( I had fallen over in the garden about 4 weeks before) upper back pain and shoulder pain. No bony tenderness. Moving shoulders elicits a very pathetic "ow" in a rather pre planned way. :cry:

15th March 2012
Left leg "gave way" a few times yesterday. After getting out of car & visit to dentist. SLR 80 R&L. Reflexes and power normal & equal. Says the same "ow" as before when moving legs. all well today. I really don't know what to make of this.

How on earth is this going to affect my esa claim??

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Re: Doctors report for my Esa tribunal

Postby whoami » Tue Feb 11, 2014 2:10 pm

I know this is not easy but try to ignore the comments. This is one Dr, you say you see others so they will have their own comments.

This Dr could have worded things a little differently, even if he does not know what to make of your symptoms.

Hopefully the people who look after and make decisions will question the Dr's comments and ask for them to be defined better.

Like you say, you have seen other Dr's. So just try to ignore these.

Let us know how you make out.

Expect the worst in life you won't be disapointed and you'll be prepared!
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Re: Doctors report for my Esa tribunal

Postby alisoncunliffe0708 » Tue Feb 11, 2014 2:42 pm

Who the hell do these doctors who do now know us think they are to write comments like that in a report! I had to go to court over my claim for ESA as they did the same to me and put me in the work category. I got reports from my Consultant Rheumatologist who is wonderful, g.p., Consultant Maxillofacial Surgeon & Consultant Psychologist. I am 37 and was diagnosed with Rheumatoid Arthritis at 2 years of age. I also suffer with bad depression and was diagnosed with Fibromyalgia. I had a total left knee replacement in 2012 which didn't go well and still isn't good now, I had a big operation on my jaw in November which I am still recovering from now the other side has started to cause pain and discomfort. I have had a lot of surgeries on other joints too and more to come. I take a lot of medication for my illnesses. I appealed the decision made which was refused so then had to go to court for a tribunal. I was seen by two people in the court room who asked me a lot of questions then they asked me to leave the room why they made there decision. I got called back into the room and the decision was on a piece of paper where I had been sitting. They had gone against what Atos had said and I won my appeal. Good luck to all of you who are currently in the position I was in you have got to carry on the fight until you get what you are entitled too. Oh and get this the best of it was around 8 months after the tribunal DWP wrote to me and asked if I had any copies of the Tribunal results from court as they have no correspondence regarding the tribunal or outcome! Could not believe it! Good Luck
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Re: Doctors report for my Esa tribunal

Postby zappa20 » Wed Feb 12, 2014 3:58 am

What Support Group descriptors are you saying apply to you in your appeal? If not related to your reasons why you feel you meet a Support Group descriptor , then it might not matter. Is this medical report a document the Tribunal will have been sent a copy of? And these comments buried in amongst other more supportive information from other GP's relevant to your SG descriptors? If they are they might not notice them, or they'll be outweighed by other details which are more supportive.

It's good they have asked to see you in person as you'll have a chance to explain the comments if asked. If read just on their own , it sort of suggests initially your GP feels you are somewhat exaggerating your pain levels or condition.

I guess if asked to explain this GP's comments , you could try saying, even the ATOS assessors guidebook to Fibro, explain its a common symptom of Fibro to experience pain for which no physical problem or background illness can be found to explain it, due to a heightened pain perception levels. So what feels like a gentle touch to the skin to a normal person, can feel like terrible pain to someone with Fibro due to heightened pain perception in the brain. So perhaps that GP has underestimated the effect Fibro has had on you? Just a suggestion.
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Re: Doctors report for my Esa tribunal

Postby linedancer99 » Wed Feb 12, 2014 9:14 pm

HI zappa 20

Not sure what descriptors apply to me. Can't seem to follow the reasons, looks like they think I don't meet any.

Yes the medical document went to the tribunal, they asked for it after they could not agree a paper one, and then sent it to me.
It mostly shows rashes and allergies as I tend not o go to docs when tired or back is bad as there is no point. I will tell them that at tribunal.

Thank you for your reply and advice I will let you know what happens, hopefully very soon. lol
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