ESA50 sent to atos or DWP? Which is better?

blackcloud

Well I just filled in my 2nd ESA50 and this time I noticed it went directly to Atos? whereas the first one went to the DWP. Does this mean that this time it will be decided by someone from Atos and the first one was decided by someone from the DWP? Is the 2nd one generally harder to succeed in than the 1st?

Any advice appreciated.

Muttleythefrog

It should normally be going to ATOS HC.

The process in basic terms is DWP contact ATOS HC as their medical services providers to provide advice. ATOS HC send out you an ESA50. You return that form with any evidence you have. ATOS HC look at the form and evidence and determine 1 of 3 things. 1. There's sufficient evidence to provide advice to DWP and ESA85A report is sent to DWP. 2. Could be sufficient evidence to provide advice to DWP with a report from GP and so ESA113 form sent to GP - if returned with sufficient information then ESA85A report is sent to DWP. 3. Insufficient evidence available such that face to face medical required. Medical conducted and ESA85 medical report sent to DWP.

The DWP then take decision based on advice from ATOS HC and any other evidence. Usually they'll as good as simply rubber stamp the ATOS HC report.

If you've previously had a medical and previously passed the WCA then the WCA could be less 'demanding' in that face to face medical less likely and you've track record of qualifying. I would advise providing evidence from previous WCA that helped you pass... including perhaps the ATOS HC medical report. I'd also advise stating on the ESA50 that your medical circumstances have not improved (or even worsened) if that is the case since last WCA.

It should be noted that the descriptors for the WCA (and ESA50 form) were amended in spring 2011.

As final advice I'd try not to obsess over these matters. It's obvious from previous posting this is what you're doing and it can't be doing you any good at all. What I would advise is that you contact ATOS HC a few days after posting the ESA50 to confirm they have received it. If they confirm this then try to focus on other things for a couple of weeks. If a couple of weeks pass without ATOS contacting you (to arrange a medical) then it may be worth contacting them for update... they may reveal that they have contacted your GP or that they have closed their file... if they close their file it means they've performed their duties and provided advice to DWP. When ATOS HC have done their duties.. i.e. you have had a face to face medical or they've provided advice to DWP without one then I'd recommend contacting the DWP for a copy of the ESA85 or ESA85A as appropriate. This document will be quite revealing as to what is going to be the likely decision by DWP and if you need advice on that then perhaps return for advice come the time.

blackcloud

Mutley, thanks for your reply.

So basically every ESA50 is sent to Atos to make a decision then? Wether its the first ESA50 or the second one? As when I called the DWP to confirm what address to send the ESA50 to they asked me was it my first ESA50 or my second one, I said the second one, they said ok the first ESA50 goes to the DWP and the second goes to ATOS? That made it seem like the first one the DWP decide on on the second one ATOS decide on? Is that not true? Do ATOS give advice for the DWP on ALL ESA50's? wether the ESA50 is sent directly to them or to the DWP?

Muttleythefrog

blackcloud wrote: »

Mutley, thanks for your reply.

So basically every ESA50 is sent to Atos to make a decision then? Wether its the first ESA50 or the second one? As when I called the DWP to confirm what address to send the ESA50 to they asked me was it my first ESA50 or my second one, I said the second one, they said ok the first ESA50 goes to the DWP and the second goes to ATOS? That made it seem like the first one the DWP decide on on the second one ATOS decide on? Is that not true? Do ATOS give advice for the DWP on ALL ESA50's? wether the ESA50 is sent directly to them or to the DWP?

ATOS do NOT make any decision on your entitlement... only the DWP can do that... at first assessment,, second assessment, or last assessment. ATOS responsibility is to provide advice.. very specific advice on you in relation to the Work Capability Assessment. ATOS will use the ESA50, any other evidence provided to them or obtained by them (such as by medical) to provide that advice. The DWP will very usually regard their (ATOS) advice.. their report... as especially important and take their decision effectively that agrees with that advice (and that's why I advise obtaining a copy of that advice.. that report.. from the DWP when they get it supplied to them by ATOS). When ATOS send their report to the DWP they should also forward the other evidence including your ESA50 so that the DWP decision maker has all the evidence available to them to make their decision.

Regarding the first ESA50 form going to DWP.. I know nothing about that I have to say... not heard any such thing before... I suspect it is misinformation. But what is important is it is totally irrelevant now... you sent your ESA50 to ATOS HC (it will be their 'local' assessment centre) and that is to where it should have been sent. Please forget forever any information you've received about sending ESA50 forms to the DWP unless you receive a document saying otherwise when you receive one in future. You'll drive yourself crazy obsessing about such matters... and me at this rate..lol.