ESA Medical - Pregnant with cancer

[antone]

Erika asked me to check in on this thread, as I used to process ESA in a large processing centre. I didn't work on the medical side of things so much, but here are my thoughts.

 

Pregnancy on its own is not considered to be an incapacity until well into the third trimester. Erika may well be correct in saying it's 34 weeks; if not, she's not far out. Complications in pregnancy can, of course, be considered to be an incapacity, depending on their nature.

 

This is of secondary importance, I would say, since thyroid cancer clearly is an incapacity.

 

Also, the decision to award or refuse ESA is taken by a Decision Maker in the processing centre, and while they'll usually go with the medical result, I have seen cases where the DM has overruled that result and awarded ESA to a person who failed the medical.

 

If the worst happens and you fail the medical, don't claim JSA. Immediately appeal the decision using form GL24 which you can get from a Jobcentre or ask them to send to you. You can also write your own letter of appeal instead of using this form. If you do this, make sure you include the words "I wish to appeal your decision..." and sign the letter. Once an appeal is received your ESA will be reinstated until the Tribunal hears the appeal and hands down a decision.

 

Before the appeal is sent to the Tribunal it will be passed to another DM for a reconsideration, and for this reason you should include as much evidence about your incapacity as possible - supporting letters from your GP and/or specialists. The DM will be looking to see how your incapacity affects your ability to work, so if the doctor can say something like "on 3 or 4 days a week on average, Claire1976 suffers from extreme fatigue as a result of her cancer and the treatments thereof. The surgery limits her ability to move, and persistent hoarseness and throat pain can be a barrier to effective communication. Because of these things, she would find it impossible to meet the demands that would be placed on her by most employers."

 

This is just an example, of course, but it's worth doing this because the DM must consider the totality of evidence presented him or her, and the ATOS medical is only part of this.

 

Any more questions or comments, just post again here and I'll do my best to answer.

Edited July 11, 2010 by antone
Removed rogue apostrophe. Damn things get everywhere.