How do you win an ESA appeal? — Scope | Disability forum
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How do you win an ESA appeal?

portia1960
portia1960 Member Posts: 8 Listener
Hi
I have a friend who is self employed,  has worked  for  the  past 47 years  in all that time only had 6 weeks off from work with broken leg , he has paid national insurance contributions for that period of time and tax .
Last year he found himself in the unfortunate  position of  having a 7 hour operation  to put all his tendons in his right shoulder back , and was warned by the Surgeon  that the pain could last up to a year  , and he was not allowed to go back to work .
He is still under the  care of the Royal National Orthopaedic Hospital in London and Stanmore .
He is taking Morphine tablets as well as having a 20mg morphine patch for the pain and nerve injection , only allowed 2 within the year .And Zoplincone to help him sleep .
He undertook a pips medical assement  and got awarded standard  rate .
He then had to take a ESA medical assement  and got awarded  standard rate  , unfortunately  for him he then had to go over to universal credit , and failed their assement .
He took his medical file , which contained Consultants letters , Surgeons  letters , physiotherapist  detailed plans the lot .The asssesr  said she wasn't allowed to read his medical file , and asked him about his legs , one question on his arm and low and behold he was declared  fit for work .
Is that even legal. THROUGH NO FAULT OF HIS OWN , HE HAD TO TAKE A YEAR  OUT AND FULLY INTENDS TO GO BACK TO WORK .
He has been threatened with sanctions , still awaiting to here his appeal

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