Advice from hospital

fatherinpain

@poppy123456 this one is for you. I have recurved a letter from the pain clinic which states I’m not in a position to work, which is against what was determined by wca who deemed me capable of some type of work advice me please

poppy123456

Hi,

Looking back at your threads i see you were found fit for work yes? If you've requested the MR for this then you could send the letter to DWP or if you're at Tribunal stage then send it to HMCTS to arrive no later than 10 days before the hearing date.

Does the letter say the reasons why you're not fit for work? If it just says that then it's not the greatest evidence to be honest, it really does need to state the reasons why.

fatherinpain

To much pain 

poppy123456

It needs to go into more detail than that but there's no harm in sending it for the MR/Tribunal. Have you sent in any other evidence to support your claim?

fatherinpain

To much pain in lumber spine which in my professional opinion leaves patient in no position to work, he’s back needs rehabilitation and we are going to try other forms of medication 

poppy123456

 Have you sent in any other evidence about how your conditions affect you?

You really should get some face to face advice from an agency near you and they will help you through the MR/Tribunal process. This link will tell you what's in your area. https://advicelocal.uk/

fatherinpain

Much evidence has been sent including lasting effects from **** Dural heamatomer, stuff from rheumatologist stating about almost constantly flaring up

poppy123456

I don't know which stage you're at, MR or Tribunal. If it's MR then only 18% of those decisions change so you'll most likely have to take it to Tribunal.

All i can advise is send the evidence you have but face to face advice is needed. If it gets to Tribunal then it's a long wait. A lot of areas have huge back logs and people are waiting in excess of 1 year for a hearing date, from the time they accept your appeal.

fatherinpain

I’m at tribunal stage all evidence is sent via email to them, but surely a professionals in their field giving that evidence out weighs the assessment seeing as the assessor isn’t  likely to be in their field of expertise 

poppy123456

Not always no. The Tribunal are more understanding than DWP and the HCP so that's a good thing and appearing in person will give you a better chance of a decision in your favour. If you can get representation from either Welfare rights or a law centre near you then even better. Use that link to see what's in your area.

Do remember that they will look at the work you can do rather than the work you can't do.

fatherinpain

So what you are saying is an experts opinion over somebody with little knowledge carry’s the same weight? Surely that is wrong on many levels. Imagine I was being accused of murder surely the experts input would take president 

poppy123456

Both of those are totally different things and you can't compare murder to claiming ESA.

fatherinpain

I know they are but is tribunal not like a court? It’s merely an example 

poppy123456

A Tribunal is nothing like a court.

fatherinpain

Having never been I wouldn’t know but that was my assumption but the point of law doesn’t expert view take president?

poppy123456

I'm no expert and i can't give you any advice on points of law i'm afraid. This is the reason why you should get expert advice like i previously advised. Please use the link i provided in a previous comment.

fatherinpain

My only local advice is cab who are not the greatest,I’ve searched many many times thanks for your help though, in principle I feel that my views about an expert are correct and surely if that isn’t taken into account then I’m forced to go against dr’s orders which would then mean putting myself in harms way for the sake of going with the non expert

poppy123456

You're welcome. Sadly, it's all about criteria and descriptors. Fingers crossed you'll be one of the 71% who have a decision in their favour. Good luck and please do let us know the outcome.

fatherinpain

@poppy123456 dr has agreed not fit to work u/c don’t want my fit note unless I want to start claim again, what to do? I thought I had to continue sending them but they say not to

April2018mom

Please don’t compare illegal acts of violence to claiming benefits. Good luck to you and please keep us updated on your outcome. 

fatherinpain

Was making a point about expert views in a court if you read the whole thread you would see that