I have a claimant who was diagnosed with breast cancer in July 2009. She had surgery in August but had to return in October for more. She went for an ESA medical on 8th October, told the nurse who assessed her she was booked in for further more radical surgery on the 12th October but was found not to have LCW. She then went on to have a full mastectomy in December, followed by reconstructive surgery, which is still ongoing because she lost muscles and her nipples etc. She is now taking oral chemo (wasnt at the time) but has not had IV chemo or radiotherapy at any point. She scored 0 points and indicated that she scored 0 points, both physical and mental and she was notified that she didnt have LCW in November. The DM did ask Atos to consider reg 29 but they said she didn't qualify. I obviously think she should have - she would have been dead by now if she couldn't have had her surgery and was forced to sit in Jobcentre Plus listening to their advice about how a woman with spreading cancer should get back on her bike... grrrr.... Her appeal still hasnt been heard and has just been passed on to me by a colleague.bbHaving just read through the papers I'm furious and feel like I need some calm and reasoned advice about how to approach this. She wrote her own letter of appeal, saying she couldn't lift shopping, heavy pots or hoover up etc. I'm sort of assuming the tribunal will just find that reg 29 applies before we even get in the door, but I'm also worried that I'll be wrong about that. Please help! :-/
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