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oldestrocker wrote: »
Hi, Have you checked if your illness falls in one of the 5 categories that define either you should not have a medical to yes you do?
davidhwdn wrote: »
What are the 5 categories?
You are exempt if:
You are terminally ill and your death can reasonably be expected within 6 months.
You are receiving, or recovering from receiving, intravenous, intraperitoneal or intrathecal chemotherapy.
You have a notifiable disease or have been in contact with someone with a notifiable disease.
You are a pregnant woman and there is a serious risk of damage to your health or to the health of your unborn child if you do not refrain from work.
You are a pregnant woman entitled to maternity allowance.
You are a pregnant woman within 6 weeks of your expected confinement date or 14 days after the date of your confinement where you don’t have any entitlement to maternity allowance or statutory maternity pay.
cit_k wrote: »
Im not convinced that list applies to ESA, it may, but it only definately applied(or applies) to DLA. Unless someone can find a legislative link to ESA it cannot be relied up for ESA purposes in my opinion.
ESA is meant to go by a pre-board check, where they pre-run lima with evidence from the esa forms and produce a esa85a form which states if a medical is needed (on flimsy evidence like there is no evidence on the ESA form, even when their was)
oldestrocker wrote: »
I agree with what they are doing which isn't the same as what they should be doing.
I have a copy of the 05 Welfare Bill and whilst the intention was that Category 1 was/should form the basis of an automatic transfer into the Support Group without a medical, but as there were so many changes before it was enacted, for some reason it was omitted. Having looked further into this in all of the changes that took place, this particular part was always accepted as being part of the backbone of the new Act. Whether it was left out in error, or they believed that there was no need for it to be included as it already existed for DLA - nobody knows.
Either way I have challenged ATOS & DWP for them to show me that it isn't included. I have set out that I intend to take legal action against them as they have worsened my condition by making me go to a medical and breached the DDA. (whether they have is here nor there - I just want them to confirm that they are not using this list for ESA but do so for DLA) Then I question why is it right to demand under penalty someone who is on permanent oxygen to attend for an ESA assessment but NOT want to carry out a medical for DLA purposes?
oldestrocker wrote: »
Hi, here is the list. Yes I know it refers to DLA, but the intention was for the 05 Reform Bill to include it also for the new ESA benefit.
I have put this argument to ATOS already and am waiting a reply. I have also asked my MP to intervene as I feel that they can't use one set of guidelines to not test or do a home visit for DLA, yet for the same condition expect you to travel and be called in for a medical for ESA.
You will note that those conditions would put you in the Support Group without a medical - well they should!!!
So just waiting for clarification on all of this.1. c/o: DWP Atos Healthcare Medical Services ContractMedical Conditions and Categories
For the purposes of administrative scrutiny of cases to determine suitability for inclusion in the DLA in Medical Examination Centre project, 5 categories of case have been devised: In 2005 the Welfare Reform Bill, which introduced the Employment and Support Allowance (ESA), had not yet been enacted hence the reference to the Disability Living Allowance (DLA).1. Unsuitable for calling to a Medical Examination Centre.2. Reference to Medical Advisor required for advice.3. Tentatively invite to Medical Examination Centre.4. Invite to Medical Examination Centre.5. Any other Diagnosis.
For each category a list is attached.1. Unsuitable for calling to a Medical Examination Centre.
Age >75 years
Age <12 years
Both Blind and Deaf
Registered Blind (needs to be seen in own environment)
Cases accepted under the Special Rules defining Terminal illness.
Amputation of both legs
Autistic Spectrum Disorder / Autism
Macmillan Nurse attending.
Motor Neurone Disease
Severe Mental Impairment
Severe Learning Difficulty
Total Parenteral Nutrition
Wernicke's Encephalopathy2. Reference to Medical Advisor required for advice.
Bone Marrow Transplant
Brittle Bone Disease
Non Hodgkin's LmphomaOn Morphine / MST
Registered partially sighted
Systemic Lupus Erythematosis
Thallassaemia3. Tentatively invite to Medical Examination Centre.
Agoraphobia (offer taxi)Anorexia Nervosa
Bipalar Affective Disorder / Bipolar Disease Manic Depression
Cerebrovascular Accident / CVA
Chronic Fatigue Syndrome
Myalgic Encephalomyelitis / ME
Obsessive Compulsive Disorder
Sickle Cell Anaemia
Subarachnoid Haemorrage / SAH
Varicose Ulcers4. Invite to Medical Examination Centre.
Chronic Obstructive Airways Disease
Chronic Obstructive Pulmonary Disease
Coronary Artery Disease
Coronary Heart Disease
Ischaemic Heart Disease
Irritable Bowel Syndrome / IBS
Pelvic Inflammatory Disease
Peripheral Vascular Disease
Prolapsed Intervertebral Disc
Rheumatic Heart Disease
Valvular Heart Disease
Visual Impairment5. Any other Diagnosis.Not listed above should be referred to a Medical Adviser for advice
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