Another assessment for ESA - giving up!

melin_2

Hello,

Following my ATOS medical last year when I was put in the support group, I now have another ESA50 form to fill in. Last week they telephoned to make an appointment for another medical on the 15th Feb.

I have three problems.

I thought they had to wait until I had sent in the ESA50 before making another medical appointment because they don't know if I need to have one until they see the form. I think I don't need a medical and should go straight into the Support Group. How does that work?

I have loads of evidence that backs up my problems, but that was for last year. Do I have to go and get all of it updated for this medical?

The form doesn't have to go back for a while yet, and certainly after the medical. They seem to have done it the wrong way round. How are they going to assess me if they don't have the form?

Bulliebaby46

Usually you get the form and are then asked to go for medical, but both form and report with go to DWP decision maker, its not the medical people who decide your work capability they just write a report.

The decision makers can use all evidence you submit to make a decision, but they will keep reassessing you every few months to five years. Although technically they might not always ask to see you depending on medical condition and if you've allowed them access to medical records, but its rare for this to happen.

For example people with certain types of cancer go straight into support group.

Not sure that really answers your question

melin_2

Thankyou, yes it does in some part.
What I was getting at is that they are supposed to do a check on my condition as I think I should fall into the group that doesn't need a medical and should go straight to the Support group. They can't do that check until they have seen the ESA50, by which time the medical will have been done.

And in my last medical, the doctor had the ESA50 on his desk and was referring to it when he did the examination. This time he won't know anything about me will he?

It is a complete nightmare. Do they do this to upset people so that the easy option is to go away and die somewhere? I am glad my GP doesn't work like this!

oh yes sorry would my evidence I used 12 months ago still be valid?

maddeningloop

The Citizens Advice is doing a longitudinal study on ATOS medical trials for ESA, if you want some support as well as potentially contributing towards a campaign highlighting some of the problems with the current system, could be a good move.

(As a new poster I cannot include links, however if you search for CAB fair welfare ESA it should find it)

Bulliebaby46

I'm not sure what conditions exempt you from a medical to be honest.
It might be worth ringing DWP and telling them you've got the medical appointment before you've sent the form back, because it is a bit odd.
I don't know about evidence, hopefully someone else a bit more clued up than me will come along soon!

EltonJohnFan

Hi there. I know this probably isn't of much use but I just wanted to wish you luck.
Hopefully someone with more knowledge of this subject than me will come along and help you out.

MrsManda

melin wrote: »

Thankyou, yes it does in some part.
What I was getting at is that they are supposed to do a check on my condition as I think I should fall into the group that doesn't need a medical and should go straight to the Support group.

Do you fall into one of the special circumstances categories? I think these are the only circumstances you can go into the Support Group without a medical.
They can be found on page 10 and 11 in the Guide to WCA (the link below opens into a pdf.)
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

I would definitely call the DWP and check you need to go to the medical before filling in your ESA50 form. It may be that they don't need you to fill out the form if you're attending the medical, or that you don't need to attend the medical because you have the form to fill out.
Make sure that you get the name of the person you speak to and make a note of the time/date of the call, especially if they tell you that you don't need to go to the medical so that if you get sanctioned for not attending they can look up the phone call to back up your story

Mupette

suffers from some specific disease or bodily or mental disablement and by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the customer were found not to have limited capability for work-related activity


but they don't state which?

MrsManda

Mupette wrote: »

suffers from some specific disease or bodily or mental disablement and by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the customer were found not to have limited capability for work-related activity


but they don't state which?

It doesn't but the part you've quoted isn't the only description of exceptional circumstances/special rules which may apply to the OP. However, the further details below from the Decision Maker's guide does give more details. Generally 'specific or relevant disease' seems to be connected to infectious diseases and diseases which are reportable under section 20 of the Public Health (Control of Disease) Act 1984 which appear to be related to infectious diseases such as dysentry.


Specific/relevant Disease:
Meaning of relevant disease
42029 “Relevant disease” means
1.
in England and Wales, any disease, food poisoning, infection, infectious disease or notifiable disease to which certain legislation2 applies
2.
in Scotland, any food poisoning or infectious disease to which certain legislation3 applies.

1 reg 2(1); 2 Public Health (Control of Disease) Act 1984, s 20(1); Public Health (Infectious Diseases) Regs 1988, reg 3, reg 9(1), reg 9(2), Sch 1, Sch 3, Sch 4; Public Health (Aircraft) Regs 1979, reg 8, reg 9; Public Health (Ship) Regs 1979, reg 9, reg 10; 3 Health Services and Public Health Act 1968, s 71(1); Public Health (Aircraft) Regs 1979, reg 9; Public Health (Ships) Regs 1979, reg 10

http://www.dwp.gov.uk/docs/dmgch42.pdf

Eeyore2009

I had a medical last July 2010 and have just recieved this questionaire. I suffer from anxiety and its got worse as i wont answer the door, and am constantly washing my hands.
Isit worth ringthing them or shall iu just send the form off?

healy

Eeyore2009 wrote: »

I had a medical last July 2010 and have just recieved this questionaire. I suffer from anxiety and its got worse as i wont answer the door, and am constantly washing my hands.
Isit worth ringthing them or shall iu just send the form off?

I do not think there is much point in ringing them, but obviously you can if you want, because once you have returned the form you will probably have to have a medical assessment anyway.