another esa50 form

john10000

applied for esa march 2011 failed medical appealed won tribunral in dec 2011 just received another esa50 form which after a year i have read is normal ,but i have just been to atos for my medical for industrial disease benefit so a doctor not a nurse and my condition has not changed and have been given te benefit for another year should i fill the form in or phone dwp to explain i have just had a medical done at atos seams to me a waste of time going through same procedure again

rogerblack

john10000 wrote: »

applied for esa march 2011 failed medical appealed won tribunral in dec 2011 just received another esa50 form which after a year i have read is normal ,but i have just been to atos for my medical for industrial disease benefit so a doctor not a nurse and my condition has not changed

Benefit conditions differ.
Your best bet is probably to include the medical for IIDB along with the form when you send it in.

In principle, you could send in the IIDB report, without the ESA50, and hope for a rapid decision that you did not have to send in the form, but this is possibly unlikely.

Unfortunately, you need to jump through the hoops if you want to get the benefit.

john10000

ok thank you will give them a ring and put them on the spot and offer report but if it needs filling in i will include report as well which might make them understand a medical is not neceassry thanx again

john10000

just been on phone to dwp they said i have recieved the form so they can check that my condition has not improved etc,they said i was put in the wrag group for 6 months they said that i might not be asked to go for another medical but did state my industrial diease benefit medical as a seperate benefit,now if i won my appeal on dec 04 and i kno have this form what date did my 6 months in the ork related group start cant be march as thats longer than 6 months and if itwas dec 6 months is not until june ?

MrsManda

john10000 wrote: »

just been on phone to dwp they said i have recieved the form so they can check that my condition has not improved etc,they said i was put in the wrag group for 6 months they said that i might not be asked to go for another medical but did state my industrial diease benefit medical as a seperate benefit,now if i won my appeal on dec 04 and i kno have this form what date did my 6 months in the ork related group start cant be march as thats longer than 6 months and if itwas dec 6 months is not until june ?

The 6 months they're referring to probably started in December however they usually send you a review form a month or two before the six months is up so that you have time to fill it out and they can assess you. When does the letter which came with your form say that the form needs to be received by?

Plus in theory they can reassess you at any time, the 6 months is just a guide.

john10000

it states it must be recieved by the 9th may

john10000

and i won my appeal on 4th dec what confuses me if they want to see if i have improved surely filling in the same form that they refused the first time is not the way an getting medical reports from doctors sergeons which there are a few since december is the the way

john10000

the lady on the phone said i did not need to send any medical evidence in but its the same form and not taking any chances i will send everything in as i did the first time

fogartyblue.

john10000 wrote: »

the lady on the phone said i did not need to send any medical evidence in but its the same form and not taking any chances i will send everything in as i did the first time

The lady is quite correct. There is no need or any obligation for anybody to send in anything other than the ESA50.

Likewise, it is highly unlikely that if you did send anything in to ATOS, they probably will not look at it.

Their job is to review you ability to carry out any work related functions based on the ESA50 alone. If they cannot do that then you are called in for a face to face assessment.

john10000

ok i see but how can that work i might of improved in 6 months but lie and state i am the same my medical evidence from doctor sergeon etc definally help me win my appeal which will prove now my condition is the same

MrsManda

The assessment is not necessarily based on the ESA50 form alone, nor do they necessarily have to take into consideration your medical letters from 6 months ago as they're not up to date.
They can write to your GP/specialists and ask them to fill out a form based on your current health situation.
They can also ask you to attend a medical assessment.