Can I be taken off ESA without a medical?

saschasmum

Hi everyone I wonder if you can help. I've been on ESA Support group for the past 2 years. I was sent a new form a couple of months ago and I filled it in and received a letter asking me to go to a medical on 23rd May.

I phoned them up and explained that I can't leave my house so would need a medical at home. They explained that I would need to ask my doctor to fax a letter over and they then changed the medical date to 1st June. My doctor said that she would send the fax over. I called ATOS several times to see if the letter had been received. I phoned again yesterday and the had a meltdown on the phone when they said that the letter still hadn't been received and that they couldn't change the appointment date again. I just broke down and cried.

Spoke to the doctors surgery again and they said that they had mailed the form and they could fax it if I gave my permission for the information to be sent.

I left it a couple of hours and then phoned ATOS again and they confirmed that they had just received the letter from my doctor. They said that if I hadn't heard anything in a couple of days give them a phone and see if they had approved the home medical.

I received a phonecall from them this morning and they said that I don't need a medical at this time and as such my medical on 1st June has been cancelled. They said that they would be sending my file back. I was a bit confused and asked if that meant if I didn't need a medical at all and they said that it was up to DWP.

I've gone from feeling relief from not having to have a medical to panic wondering if they can just take me of ESA?

Please please help.

MrsManda

saschasmum wrote: »

I've gone from feeling relief from not having to have a medical to panic wondering if they can just take me of ESA?
Please please help.

They would only take you off ESA/sanction your claim, if you refused to go to a medical/did not attend a medical when you were supposed to.

Your benefit claim will not be turned down without you either having a medical assessment or being offered one.

You haven't refused a medical, you've had it cancelled by ATOS - presumably because with the fax from your doctor ATOS have decided that they need no further evidence for your claim.

When the DWP decision maker gets your file they will take the decision to continue your claim as it is or decide that you do need a medical and get ATOS to arrange one at home.

HTH

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_172012

saschasmum

Thanks, do you know if they normally send the file back? I'm wondering if a copy of my medical file was sent rather thank just a letter. I really appreciate your help.

MrsManda

saschasmum wrote: »

Thanks, do you know if they normally send the file back? I'm wondering if a copy of my medical file was sent rather thank just a letter. I really appreciate your help.

I don't know, but I think what ATOS were referring to when they told you they've sent your file back is the file they received from the DWP in preparation for your medical assessment as they no longer need it.

Your doctors won't have sent your medical file, the most they'll have given ATOS/the DWP is the fax that you requested they sent to say you cannot leave the house and they'll have filled out any forms which the DWP sent them in response to your ESA application as this is what you have given them permission to do.

muirbabe

Hi saschasmum,
I think you are ok, it seems to me that ATOS have decided that you are ill and that they will now leave you in peace:)

best wishes,
muirbabe

ps I dont think there is any chance of you being taken off ESA as things stand.

saschasmum

MrsManda wrote: »

I don't know, but I think what ATOS were referring to when they told you they've sent your file back is the file they received from the DWP in preparation for your medical assessment as they no longer need it.

Your doctors won't have sent your medical file, the most they'll have given ATOS/the DWP is the fax that you requested they sent to say you cannot leave the house and they'll have filled out any forms which the DWP sent them in response to your ESA application as this is what you have given them permission to do.

Thanks MrsManda. When they phoned this morning I was still under the influence of the drugs that I take to help me sleep. To be honest I'd taken more than I should have because I was so upset and stressed.

muirbabe wrote: »

Hi saschasmum,
I think you are ok, it seems to me that ATOS have decided that you are ill and that they will now leave you in peace:)

best wishes,
muirbabe

ps I dont think there is any chance of you being taken off ESA as things stand.

Thanks muirbabe I really hope thats the case. I've been so stressed over this.

formaldehyde_perfume

As you have done nothing against their rules, they cannot just stop your ESA.

I would bet a lot on you not hearing anything from ATOS/DWP again until they decide to send you another ESA50 medical questionaire, although when that will be is anyone's guess unfortunately.

The worst that can happen is that the DWP will again ask ATOS to perform a 'health check' and yet again you will be notified and yet again you will need to get the GP to say you need a medical at home but since you have been through that part of the process before it should be less stressful.

To reiterate, you will continue to recieve your regular payments as before, and if they decide they need to look at your claim for any reason they will tell you.

Now take a deep breath and try to relax < --- I think that is good advice for anyone trying to deal with ATOS/DWP, they are very stressful.

saschasmum

Thanks formaldehyde. When I was talking to ATOS to try and get the medical date changed again, before they said I didn't need it, I just sobbed on the phone. I think I will be able to relax when I receive the letter from the DWP saying that they will leave me alone for now.

eskimo26

Sometimes if the evidence is strong enough the DWP will decide that a medical is not necessary, this is decided using a pre-board check based on the information in your ESA50.

Refers to the following in the ESA guidelines:

If one limited capacity for work related activity descriptor applies to the claimant, they will be placed in the support group and will receive the Support Component in their ESA. They will not have to attend work focused interviews or a work focused health related assessment."

However in these situations I never leave it to faith so ring up the DWP office that deals with your claim and confirm it.:)

saschasmum

Thanks eskimo. I phoned them and they said that sometimes ATOS decides that you don't need a medical. They suggest calling them back on Tuesday or Wednesday when they will have received the file back from ATOS. I shall call them then and let you all know.

saschasmum

Just a quick update. Phoned DWP this morning, they still haven't received the file back