ESA85 and scoresheet

A.Penny.Saved

Muttleythefrog wrote: »

I'm struggling here to be honest with you... to get facts... I ask if the form had a code and you say yes but don't give it...lol... I ask what the medical report is recommending and you respond it might need to go to tribunal. I need you in very clear terms (direct facts.. try to be very direct) to tell me what the ATOS medical report ESA85 is recommending in terms of descriptors that apply or decision that should be taken if you don't want to go into those. You understand what I mean by descriptors I think...and recommendation regarding entitlement (fit for work, WRAG or Support group)... the ATOS HC medical report ESA85 should state the descriptors the HCP felt applied. If this report is supportive to your case then there's a lot of discussion that can be avoided about medical records or appeals. I suspect given the way you're talking that it is not supportive and lists few if any descriptors as applying as there is general disregard for your health problems... reading between the lines it is recommending you be found fit for work... but you can tell us if that is true or not.

I was sorting out an energy company transfer yesterday, which couldn't be put off as the offer was very time limited and therefore I couldn't reply.

I have been in the WRAG group after my last assessment which didn't even require a medical. They must of thought it was so cut and dried that they did not even bother.

Going by the ESA85 report and the score sheet, nothing applies according the HCP, zero points.

The Prognosis, Expected Change section says that a return to work can be considered within 3 months.

If there is no significant functional impairment in the HCP's opinion, why can they say that a return to work within 3 months can be considered and not an immediate return to work? Is that the standard way they report or is that unusual?

Regarding medical records etc. For a Work Cap. Assessment for ESA they don't access your medical records unless you put them into evidence or to some degree they might see some indirectly if they request your GP complete an ESA113 form which is fairly basic. There may be little or no evidence of or at/from former assessments being used... i.e. it is always advisable to send in evidence you want considered even if you think they should be looking at it or already have it.

The HCP would not accept any provided evidence during the medical and it was offered. She did everything possible to totally disregard one of my health problems and the major points earner. It was a mistake for me to think that they would get the evidence when they clearly did not.

But you need to focus... you're sending me into a spiral here... what exactly is the medical report recommending... I understand you have not had a decision regarding this reassessment yet.. it is likely that the DWP will effectively rubber stamp the ESA85 as their decision... what decision will they reach if they do that?

Reuesting medical records... this page has all the info. http://www.nhsmedicalrecords.org.uk/medicalrecords.php

Thanks for the link, it's informative. I don't think my GP has the information that is needed so I will need to write to the hospital. I wonder who ATOS wrote to, my GP isn't very supportive and might of been the one who they wrote to even though it's not her speciality. I suspect that they might of wrote to both the hospital and my GP and then used the most suitable reply for their case.

I will discuss it with the doctors at the hospital in a few weeks time, I just wish it was sooner. I will have to try and find out whether I can get an earlier appointment but I doubt it will be possible as they keep re-arranging appointments on a regular basis.

Would sending in evidence to DWP do any good to challenge the information that ATOS claims? ATOS' information is clearly false/incorrect and possibly misrepresenting the facts.

Muttleythefrog

No worries.... yes... then there's a problem in that DWP is probably going to find you fit for work.. no guarantees. The "3 months" matter is standard.. in fact I believe in the software it is from drop down menu of very limited options.. that's how standard it is. I would be tempted to write to DWP and say the medical report is full of errors and tell them any problems with procedure you felt applied including that evidence you took to the medical was not read, copied or accepted in any way. I would supply that evidence along with any other you can to the DWP. It is conceivable you may put pressure on them to disregard or not rely on the medical report. Failing that at least the evidence is in the process ready for appealing when decision is made. I would also be tempted to point out to them that your medical circumstances andproblems have been unchanged or worsened since last assessment if either of these things is true because in effect if they find you fit for work they're suggesting your situation has improved. I would highlight the descriptors you feel apply and why and any supportive evidence you have refer to directly. Put the DWP under as much pressure as possible to get it right first time... it's a case you'd have to make anyway if they don't. Keep us updated if you can as events unfold.