What should I know about claiming ESA for mental health reasons?

Muttleythefrog

rinabean wrote: »

Ok, now I'm freaking out again! I guess all I can do is wait and see if I'm accepted or not.

I would definitely request a copy of the medical report from the DWP while you wait - what the health care professional said to you is technically true that it isn't their decision, but the DWP decision makers seem to be taking the ATOS medical report as gospel and it does contain your scoring against the criteria. But try not to worry - that won't change any decision, good or bad

cit_k

Muttleythefrog wrote: »

I actually secretly audio-recorded my medical and so I'm able to compare what was said with what ended up in my medical report which I also have. It highlights how I was even confronted quite aggressively at the beginning when I took papers from my bag. I explained that I would have to take brief notes (they get extremely weary of note taking!)

Did they read out a warning about note taking, basically saying you have the right to do so, but they wont be accepted as evidence etc etc?
If not, grounds for complaint to ATOS for not following proper procedure.

Muttleythefrog wrote: »

What is concerning is that in advance of my medical I requested, under the freedom of information act, the details of the person who would carry out my medical. I was given the name and profession, but was refused the medical qualifications. Shockingly the person who actually carried out my assessment was not even of the same sex as the health care professional details released to me.

Grounds for complaint again, you were given the wrong information.

Muttleythefrog wrote: »

The health care professional who did my medical revealed that they hadn't even read my ESA50 form in advance of the medical - strictly against guidelines.

Very serious grounds for complaint to ATOS, and importantly the GMC or NMWC (general medical council if it was a doctor, Nursing and Midwifery council if it was a nurse).

I would put in the complaint to ATOS, and the GMC or NMWC but dont mention you have the recording of the medical at that point.

Expect the assessor to lie, and say to the professional body and ATOS that they never said they had not read your ESA form.

When you get the reply saying they take the word of the assessor over you, as the assessor is a professional, and the assessor denied it, then write back and tell them you have the recording of the medical that proves they lied.
Hopefully, proof they lied to their professional body may just be enough to get them struck off.

Muttleythefrog

Thanks cit_k. The standard warning about note taking wasn't given - I suspect probably because I highlighted I would be taking single words just as prompts... and I actually gave her an example.. saying 'for example you might ask about my work history and so I might write down employment as a prompt to me'. As it turns out I actually recorded only 5 or 6 words during the 30 minute assessment. So I suspect she regarded this activity as something lesser than note-taking - i.e. not intended to make some attempt to record proceedings.

I agree with what you say - but due to health problems and the fact I'm in a bitter battle for DLA (18 months and counting.. now at upper tribunal) I've pretty much ruled out taking any action given the ultimate outcome was as desired for ESA. Had things turned out differently then almost certainly I would have done as you suggest to undermine the process that came to the decision. I'm also having serious problems with medical professionals away from benefit claims too - so that is a massive drain on limited energies I have. Ironically the cold calculating and horrific medical for ESA is the only medical situation that I've been in within the last 2 years that has ultimately actually positively affected my health..*laugh*.. due to the outcome.

So yes... you're right... but I'm not really in a position to do much

NASA_2

I probably shouldnt say this but even if you dont complete the ESA50, and have a mental health condition, they will call you for a medical anyway.

That said, a properly completed ESA50, backed up with reliable evidence, goes a long way to helping people get the right result.