Requesting evidence for ESA award

damino

The DWP awarded me ESA Support Group.

I filled out the form and I didn't need a medical.

I wanted to get them to send me the reasons why. As it may help me when filling out the form in future. And it may be useful as evidence.

A friend suggested it's worth calling them and getting the reasons, and it's within my rights to do so. And he talked me through it.

I called the ESA people and instead of sending me the reasons, they just sent me a standard thing with "A guide to Employment and Support Allowance - The work capability assessment".

The guide lists the descriptors, but not where I "scored".

Is it within my rights to know where I "scored"?

And what should I ask them for to find out?

I already asked them to send me the reasons and they sent nothing. I contacted them again and they just sent me this which is strange.

I think most people in the support group don't call to ask reasons,and they're not prepared for it.

rogerblack

Yes, you are entitled to this.
The proper phrase is 'written statement of reasons'.
They are required to do this as (in principle) you may want to appeal the award.
You can alternatively simply request all information held on you, under data protection act rules.
http://www.dwp.gov.uk/privacy-policy/data-protection/
This will _not_ contain the written statement of reasons, as these are only written on request, but they will contain the scoresheet.

Muttleythefrog

Good advice above. What you may find, apart from the obvious fact the DWP seem to be unhelpful and uninformative on these matters, is that despite not having a face to face medical the DWP will still have consulted their medical advisors ATOS HC. If so then there should be an ESA85A report... there is also the possibility that ATOS HC contacted your GP with an ESA113 form... the ESA85A may elude to whether that was the case. In light of this 'if.. then... scenario' it may simply be worth doing what roger suggests by following the link and attempting to just get everything copied to you from file.

As per your last paragraph I suspect you're right. I do think it important every claimant try to get their hands on all evidence at every assessment and understand how they qualified for whatever they did regarding the WCA. At reassessment at least you'd think such information quite empowering. A few times I've seen people say their support group has been stopped after reassessment and are after advice but they can't even tell you why they've been in the Support Group historically which is rather frustrating.

A.Penny.Saved

Ask for a copy of your medical report (ESA85) with decision maker's scoresheet. That should provide the information you want because it shows the score outcome and any difference between the ATOS scores and the decision maker's.

Dekota

Does anybody know if its possible to get a copy of the esa113? Esa85a states that the decision to award ESA support group on the basis of esa113. My understanding is that dwp have the esa85(a) and the esa113 remains with ATOS so can't be released to the claimant?

Muttleythefrog

Dekota wrote: »

Does anybody know if its possible to get a copy of the esa113? Esa85a states that the decision to award ESA support group on the basis of esa113. My understanding is that dwp have the esa85(a) and the esa113 remains with ATOS so can't be released to the claimant?

Should be with DWP as they should have forwarded it with the ESA85A.. that's my understanding. I got mine from DWP.. although it did take a few requests. Your GP surgery may be a quicker source for it.

Dekota

Muttleythefrog wrote: »

Should be with DWP as they should have forwarded it with the ESA85A.. that's my understanding. I got mine from DWP.. although it did take a few requests. Your GP surgery may be a quicker source for it.

Im smiling right now! Because I was almost convinced I wont be able to get a hold of the esa113, great, I'll request this too from dwp thanks muttley

Not too sure of the GP option, won't they charge? I guess no harm in asking him