COPY OF ESA50 03/11 TO DWP

To the MODS, who keeps your ESA is it ATOS or DM and does the DM actually get to see it before he/she makes a decision, or do they just go by the report that ATOS makes.

To the NONMODS (bro58!) i've not sent my copy off to the DM yet, i'm too scared! I'm worried that if I send it to them and point out some of the descriptors I think I fit, particulary the support group ones,they will think i'm a bit cheeky trying to tell them how to score me and night mark me down accordingly? Also, i'm worried that if I point out the descriptors and I fail I might not be able to appeal because they will already have taken what I said into consideration will making their descison?
So, basically, on balance, is it better to send a copy or not? Will it have any detrimental effect? Help!

Both Atos and the DWP will retain copies of completed ESA50 forms for their records.

If you are referring to sending the ESA50 to the decision maker in the second paragraph of your post, there is no point in doing so because the DM will only use this form in conjunction with the advice received from Atos, either by medical scrutiny or by a direct face-to-face assessment with a claimant.

The ESA50 wouldn't be used in isolation without an approved disability analyst's input, because the DM is not medically qualified and would therefore be unable to apply the descriptors in the context of a claimant's medical condition, and their fitness for work.

thanks CD, that answers my question. I won't be sending it now that I know the DM will see it anyway.

mumsgirl wrote:

To the MODS, who keeps your ESA is it ATOS or DM and does the DM actually get to see it before he/she makes a decision, or do they just go by the report that ATOS makes.

To the NONMODS (bro58!) i've not sent my copy off to the DM yet, i'm too scared! I'm worried that if I send it to them and point out some of the descriptors I think I fit, particulary the support group ones,they will think i'm a bit cheeky trying to tell them how to score me and night mark me down accordingly? Also, i'm worried that if I point out the descriptors and I fail I might not be able to appeal because they will already have taken what I said into consideration will making their descison?
So, basically, on balance, is it better to send a copy or not? Will it have any detrimental effect? Help!

Hi mumsgirl

An appeal tribunal is a complete rehearing of the case and entirely independent of the DWP. So regardless of what evidence the DM has considered when making his decision you will always have the right to appeal an adverse WCA decision to a tribunal, who may take a different view than the DM.

Regards

Derek

Thanks Derek. My final descision is that I will NOT send a copy to the DM.
Thanks everyone for their input and opinions on this long thread that I started!