Concerns About ESA Review

lemontree

If he does not score enough points why not try to contact your Local MP. My Son has had so much success when I did this.
Perhaps if more people did this, the Government might begin to realise how traumatic the system is for both the sick and their relatives!
I dread to think how a person with no support deals with this system!

Saetana

Well - the form has been completed and posted now, many thanks to Muttleythefrog for the link for the online form as it made life so much easier. Last time I completed one of these forms for my husband I had to enclose several separate sheets with information on that would not fit on the form. Funny how the physical form made no mention of the online one - it was so much easier as the boxes automatically expand to fit the text as you are typing. Its a lot of printing to do though - over 20 pages - and the envelope they send is a bit too small for the thick wedge of paper. I ended up having to use an envelope of my own and tape the prepaid envelope on top of it.

My husband spoke to his GP about his concerns over the review and his GP said he should have nothing to worry about as he is still under diagnostic consultation for chronic pancreatitis and persistent nausea, and advised him to state this on the form - which we did. When I read through the completed form which details 6 different medical conditions, I thought if he was a dog they would put him down, lol!

I am still concerned about the ATOS appointment, although the person from the DWP who rang to explain we would be getting the form soon did say that my husband would not necessarily have to go to an interview - not sure how true this is. I will certainly take your advice and ask for a copy of their report if and when my husband gets an appointment.

We decided not to bother with a copy of his medical records in the end, our GP did not think it necessary as my husband is so ill. If it comes to having to appeal then we will definitely take this route as we will need all the help we can get - no way can we afford legal representation so it would be me representing him in that unfortunate eventuality :sad:

A.Penny.Saved

Muttleythefrog wrote: »

I would advise from now on trying to get copies of all medical correspondence before I forget... you never know when it could come in handy.

Presumably you've got the ESA50 form. If you have access to a printer you might prefer to complete an electronic version.. easier to correct things and may well save lots of duplicated efforts in future as assessment is typically regular. http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@money/documents/digitalasset/dg_195544.pdf

Roger gives link above for descriptors for ESA... the qualifying criteria. Understand and keep it in sight when completing the ESA50 as the ESA50 form doesn't always prompt for appropriate information.

When ATOS HC receive your ESA50 form back along with any supporting evidence then it should be reviewed to determine if they've got sufficient evidence to provide advice to the DWP on entitlement. If not then they may decide to contact GP with an ESA113 form which requests further facts. But more likely than contacting GP they would arrange a face to face medical for factfinding. ATOS will provide advice or medical report to DWP who are ultimately responsible for the decision on entitlement.

The HCPs can come from a variety of backgrounds... nurses are common... there are GPs etc and possibly physiotherapists. The argument is that these assessments are not regular medical assessments but disability assessments... and that's how they get around the 'suitably qualified' issue. I'm not convinced quite frankly but such is life. It's important if he is asked to attend medical that he doesn't play down his problems. The medical is driven by software (hence many problems reported) and the HCP will spend most of the medical typing... rather unfortunate because they will record physical observations regarding things like facial expressions and whether trembling is evident. The questions will typically surround day to day activity to generate facts that'll be used to determine if any descriptors apply. Experiences of the face to face medical vary enormously... and mine varied enormously in the one medical I had..lol. Experience of the medical and the resulting medical report can even conflict...

I'd advise if attending medical to shortly afterwards request a copy of the resulting medical report (ESA85) from DWP as not only will it be revealing it'll quite likely effectively be rubber stamped by the DWP as their decision weeks later.

Best of luck getting that from them. I am still trying because they don't want to send me a copy. I suspect that they are attempting get around the information and evidence provided, some of which they were not banking on, which should of found me unfit to work and don't want me to see the report even though I have a right to see it. I am glad that I made a recording of the medical.

I have to work out what I am to do next to force them to provide me with a copy of the report.

Muttleythefrog

A.Penny.Saved wrote: »

Best of luck getting that from them. I am still trying because they don't want to send me a copy. I suspect that they are attempting get around the information and evidence provided, some of which they were not banking on, which should of found me unfit to work and don't want me to see the report even though I have a right to see it. I am glad that I made a recording of the medical.

I have to work out what I am to do next to force them to provide me with a copy of the report.

Administratively they can defy belief. Raise the stakes and next time you call asking for a copy of ESA50 point out that their records will show you've previously requested it and still haven't received it. Kindly explain to them that complaint and MP will be contacted if not received shortly. Once they have it then they have no excuses for not forwarding a copy swiftly. When you do call obviously worth asking if they've made decision too... because there is every chance they won't write to you to tell you that decision.