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Limited capability for work questionnaire

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Comments

  • epitome
    epitome Posts: 3,199 Forumite
    edited 29 April 2012 at 10:25AM
    I repeat....
    How old is your mum?
    Does she have a partner?
    Does she have savings more than £16000

    And I add....
    Does she have a mortgage?
    Who has been paying the Council tax, rent/mortgage all this time?
    What money has she been living on?
  • schrodie
    schrodie Posts: 8,410 Forumite
    epitome wrote: »
    Is that video only, sound only or both?

    Audio only. You get to keep a copy of the recording as well.

    Also the DWP have [finally] admitted thanks to a FOI request that covertly recording medicals is not illegal provided it's used for personal reasons.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    schrodie wrote: »
    Also the DWP have [finally] admitted thanks to a FOI request that covertly recording medicals is not illegal provided it's used for personal reasons.

    Can you provide a link to this?
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    nogginhead wrote: »
    Both claims (ESA/IB & DLA) are disability/sickness/illness related.<snip>

    Effectively to make sure that this doesn't happen, she will have to 'pass' the ESA assessment..

    Or she may end her claim, without stating she is fit for work.
  • schrodie
    schrodie Posts: 8,410 Forumite
    It's a shame a FOI request took the DWP to come clean!!
  • schrodie
    schrodie Posts: 8,410 Forumite
    rogerblack wrote: »
    Can you provide a link to this?

    Here

    The important bit:-

    "A claimant is within their rights to record their business with DWP for domestic purposes, that is their personal, family, or household affairs (including recreational purposes), however, publishing the recordings on the internet, or in any other way, may be going beyond domestic purposes and may indicate that you may be acting as a data controller."
  • Muttleythefrog
    Muttleythefrog Posts: 20,657 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 April 2012 at 12:26PM
    Dekota wrote: »
    Hi there,

    My mum receives DLA and shes now recieved a letter that she needs to be assessed if she can move to esa... She recieved the questionnaire today, thing is my mum is deaf and suffers from schizophrenia and needs constant care by me or my sis. She sleeps for 5 hours in the daytime aswell as throughout the night

    How do we get her to fill the questionnaire? She isn't capable of doing her signature anymore so wondering what to do?

    Cheers

    There's some advice above that may be important regarding acting on her behalf. It may be that you need general advice in this area from a legal professional if she's unable to handle her own affairs.

    The ESA50 completion is important though.. and you'll probably get 4 weeks to return it. I advise completing it electronically, the pdf version, if you have access to a printer because it can be quite an effort with mistakes easy to make and re-assessment (and therefore usually ESA50 completion) is regular and any efforts you can save duplicating would be obviously useful. (http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@money/documents/digitalasset/dg_195544.pdf - save the form to computer before attempting to complete or changes won't be saved).

    Supply supporting medical evidence with the form if available or can be gotten and don't lose focus of the descriptors which determine entitlement.

    This document may prove especially useful at this juncture as it includes the descriptors relevant to MH problems and advice regarding completing the form regarding applicant with MH problems.
    http://www.rethink.org/document.rm?id=10911

    After the ESA50 is returned, ATOS healthcare will decide if a face to face medical is required for factfinding.. they may alternatively decide already sufficient info to provide advice to DWP or seek info from GP or similar. The DWP will take a decision which is usually in accordance with the advice from ATOS HC.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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