Aside from the questions, I was stating facts. He sent the medical evidence to to the wrong place. Maximus produced their report without that extra medical evidence.
The problems have to exist for
most of the time.
Quote:
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Konrad Zastawny, 55, from Sheffield, has coronary artery disease which leaves him short of breath on some days and unable to move on others.
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So "some days" doesn't quite cut it, All part of the
original rules.
From WCA Handbook dated 4th Feb 2019
Quote:
For each of the mental function, physical and sensory activity areas you must choose only one descriptor, and that should be the descriptor that reflects the claimant's level of functioning most of the time, taking into account such factors as pain, stiffness, fatigue, response to treatment and variability of symptoms.
This ensures that your opinion is not just a "snapshot" of the claimant on the day of assessment, but reflects their functional ability over a period of time.
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Appeals can be won by providing clearer medical evidence. The DWP aren't allowed to ask you questions, so anything missing or contentious will be overlooked. Tribunals have a duty to ask those questions, eg is "some" actually "most".
Understand the rules and you can better understand the decisions and the info the DWP are looking for
By the sound of it, he will is likely to be back on JSA in a few months time(Apr/May 2020). Because his problems are likely to be temporary, he would unlikely to be put in the support group.
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He is now living on £317 per month in Universal Credit payments that doesn’t cover half of his share of the mortgage and bills at a house he shares with a friend.
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He's still going to end up in that situation.
He's certainly not going to get the thousands of extra £ he seems to be expecting, even he was put in the support group.
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"Do we live in a country where if you're seriously ill, they'll save your life but you'll get into thousands of pounds worth of debt because you can't work?
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If he used the term "some days" in his application, then that would've ended his claim. If he had used "most days", then it would be down to judgement as to whether that was true.