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9 years 7 months ago #124490 by Somerset21
Replied by Somerset21 on topic ESA
Hi Gordon thank you so much for your response. My medical conditions are, depression, anxiety, OCD, IBS, Arthralgia and Fibromyalgia

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9 years 7 months ago #124495 by Gordon
Replied by Gordon on topic ESA

Michelle wrote: Hi Gordon thank you so much for your response. My medical conditions are, depression, anxiety, OCD, IBS, Arthralgia and Fibromyalgia


One of the things you should do is request the documents used in the Decision this will help you understand how the Decision Maker came to their Decision. The following details what is likely to be available

ESA medical – what forms to ask for?

You could also see whether the LT54 and ESA85A from your transfer are still available. This will likely require a Subject Access Request (SAR). See :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Somerset21

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9 years 7 months ago #124496 by Somerset21
Replied by Somerset21 on topic ESA
Ok. I am off to bed in a minute. Not normally up this late :) . Do you know which number is best to phone them on from the form requests please. I shall call them tomorrow. I so appreciate your help. Thank you so much.

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9 years 7 months ago #124498 by Gordon
Replied by Gordon on topic ESA

Michelle wrote: Ok. I am off to bed in a minute. Not normally up this late :) . Do you know which number is best to phone them on from the form requests please. I shall call them tomorrow. I so appreciate your help. Thank you so much.


The number will be on the letters you have received about your ESA claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Somerset21

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9 years 7 months ago #124517 by Somerset21
Replied by Somerset21 on topic ESA
Hi Gordon. I phoned up ESA to day and I asked for the medical report, doctors letter etc that was used to make the decision on my ESA. The woman said, all they got from Atos was the medical report and that is all that was used to make the decision and that I will get all that when I receive the decision letter in the next couple of days. I asked about the medical reports I had sent into DWP and the doctors letter Atos asked for. She said there was nothing on the system. I know these were received as when I went to my medical the HP told me what she had in front of her, in paper form was my original form, the reports I sent in and the doctors later they had requested. She even said that my doctor never mentioned the Fibromyalgia in the letter and I said it was lucky that I sent in there others then as it mentions it on there. I asked for the medical report from when I was changed over from IB to ESA and she said it was nothing to do with now and she did not fill comfortable sending it out so refused. I have also sent the form in to request an SAR today.

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9 years 7 months ago #124519 by Gordon
Replied by Gordon on topic ESA
Michelle

It is not normal practice to send any of the assessment reports with the Decision Notice, so I am afraid you may need to chase this up again, the DN is a standard letter printed from the ESA computer system, enveloped and posted automatically, so there is no opportunity for anything else to be included with the letter.

The list of documents is variable, you mention a GP's letter was this something you procured or did the DWP write to the GP directly, of they did then this is normally an ESA113 form, in either case, f you do not already have a copy there should be one on your medical records at your GP's practice and you should be able to obtain a copy from them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Somerset21

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