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15 months and still waiting - ESA

  • bro58
9 years 7 months ago - 9 years 7 months ago #124316 by bro58
Replied by bro58 on topic 15 months and still waiting - ESA
Hi B,

FME = Further Medical Evidence, and would probably involve an : ESA 113 Questionnaire being sent to your G.P.

You could contact your G.P. practice for confirmation that they did receive an ESA 113. If they did, you could query why it was not filled in and returned.


"They have given me a central address to send more information to but do I have to leave the appointment open ?"


That is up to you, as you know, you are allowed to rearrange a F2F once, however if you did rearrange, you would have to ensure that you attended any new appointment, if deemed necessary.

Failure to attend a re-arranged appointment may put your ESA payments at risk. On the plus side, it may give you more time to provide fresh evidence.

You could inform ATOS of the situation with your G.P. practice. If possible a visit to your current G.P. may help. You could tell them of your predicament, and ask for a supporting letter covering your current health situation and the resulting limitations.

"but would that be for the HCP to check out before or during the F2F ?"


Any fresh evidence should be read before it is decided whether a F2F is needed. However, there is no guarantee that this will stop a F2F taking place. It should certainly be read by any assessing HCP who may carry out the F2F.

If you are compelled to attend a F2F, you could take copies of any fresh evidence with you and present it to The HCP before the assessment. They are supposed to read it.

"Would they have access to my ESA85A from last year and should I ask them to check it out ?"



It may be in your ESA File that has been sent to ATOS. However, you should remember that you will be assessed on your limitations at the time of the actual assessment, (whether this be a F2F or Paper Scrutiny) not how you were previously.

It may have been helpful to you, if you had it, as it would identify which of The SG Descriptors you have qualified under previously.

You could have then drawn reference to the descriptor/s, and with the provision of any fresh evidence that you may have, you could have shown that you still qualify under the same descriptor/s in that, you have not had any operative procedures since your previous SG award, nor have you been prescribed any fresh medication that has improved your medical condition, which has caused your limitations to diminish. It is also important to state that you have not managed to adapt to or cope better with your limitations.

i.e. The limitations that you qualified for The SG under last time have not lessened or changed, since then. If you have deteriorated and your limitations have increased, you should inform them of that also.

"Given the fact my health issues have lasted 15 years and are long term, will the fact I don't see a GP on a regular basis anymore work against me ?"



Unfortunately, many people are in the same boat. They may have been told that no more can be done, and are simply given repeat prescribed medication.

However, if said medication has not changed, this could also be an indication that your limitations have not diminished.

It would help, if you could mange to gain a current letter from a G.P. in the practice. Remember, they will have access to your records, even if they have never met you before.

Of course, as with requesting personal documentation from The DWP using a SAR, you can request copies of your G.P. records from your practice reception.

There will be a charge, and again they have 40 calendar days to comply :

Requesting your medical records

Charging for medical records

To recap, the important issue is to show that your limitations have not diminished since the time of your previous SG award, and that you still qualify for The SG under at least one of :

The SG (LCWRA)Schedule 3 Descriptors

Or if none of those, under :

ESA Reg 35 for entry to The SG (LCWRA)

See also :

Qualifying for the Support Group

The burden of proof will be on The DWP ESA DM to show why you no longer qualify for The SG if you happen to receive an adverse decision.

bro58

N.B. You could even consider filling in another ESA50 to provide current information with regards to your limitations. You could then send copy to ATOS and The DWP ESA DM.

You can download a copy of the Pdf ESA50 from the link on this FAQ :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the relevant ESA Claims Guide on this page :

ESA Claims Guides
Last edit: 9 years 7 months ago by bro58. Reason: N.B. extra info added

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9 years 7 months ago - 9 years 7 months ago #124328 by Benson
Replied by Benson on topic 15 months and still waiting - ESA
Thanks again for your help. So for me to get my GP records, it takes longer (up to 40 days) to take them away then to just see them myself on a screen ? Any idea how far back the records go that I will get ?

Should I tell them my GP has retired, or would this be of no advantage ?

Thanks !
Last edit: 9 years 7 months ago by bro58.

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  • bro58
9 years 7 months ago - 9 years 7 months ago #124332 by bro58
Replied by bro58 on topic 15 months and still waiting - ESA
Hi B,

"Thanks again for your help. So for me to get my GP records, it takes longer (up to 40 days) to take them away then to just see them myself on a screen ? Any idea how far back the records go that I will get ?"


The 40 days is a maximum period, it could be sooner. Some G.P. practices have people that come in periodically to deal with SAR's from patients.

Some G.P. practices provide the facility to view your records on site, and then print off any relevant extracts. Others provide your records on a Password protected CD, where you can view them on your P.C. It varies from practice to practice.

You would have to inquire at reception.

Your G.P. records should go back to your very first treatment (from birth) even for someone who has changed G.P. several times. They should also include any test results and letters from Consultants that you may have seen.

"Should I tell them my GP has retired, or would this be of no advantage ?"



You could do, obviously this, in itself, will not help you re-qualify for The SG.

bro58
Last edit: 9 years 7 months ago by bro58.

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9 years 6 months ago - 9 years 6 months ago #124358 by Benson
Replied by Benson on topic 15 months and still waiting - ESA
Thanks. I am going to first get my ESA85A. Can you please tell me how best to get it ?

If I use the Request for Personal Information form then what do I tick ? There seems to be a lot of info on there to fill in. What is the difference between Computer Records and Clerical Records ? There is nothing that seems specific to just the ESAQ85A form.

If I do it in writing, but not using the form, who do I contact ? The DWP ? Or is the phone the best way ? If so, again is that the DWP ?

Oh and finally, I can't find a email address for my doctors surgery, so I just wondered what do I actually say to the reception if I want a copy of my medical records to have at home to read ? If I said from birth, is that unusual ? Just be also interesting to read my history as much as it would be for proof.

Sorry for all the questions, just having to rush on sorting this.
Last edit: 9 years 6 months ago by bro58.

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  • bro58
9 years 6 months ago - 9 years 6 months ago #124364 by bro58
Replied by bro58 on topic 15 months and still waiting - ESA

Benson wrote: Thanks. I am going to first get my ESA85A. Can you please tell me how best to get it ?

If I use the Request for Personal Information form then what do I tick ? There seems to be a lot of info on there to fill in. What is the difference between Computer Records and Clerical Records ? There is nothing that seems specific to just the ESAQ85A form.

If I do it in writing, but not using the form, who do I contact ? The DWP ? Or is the phone the best way ? If so, again is that the DWP ?

Oh and finally, I can't find a email address for my doctors surgery, so I just wondered what do I actually say to the reception if I want a copy of my medical records to have at home to read ? If I said from birth, is that unusual ? Just be also interesting to read my history as much as it would be for proof.

Sorry for all the questions, just having to rush on sorting this.


Hi B,

The best way is to use The SAR Form.

I would use a start date from just before you first claimed or were transferred over to ESA.

Tick all the options Computer Records and Clerical Records, etc.

You could request all ESA85 and/or ESA85A Medical Reports, from the start date, you could also request all ESA113 Questionnaires and all LT54 Forms by name.

I would put the end date as the date that you post it.

Then you could either make a comments on the form, or an attached letter such as "To be clear, I am requesting all documentation in all formats, used in connection with my ESA from xx xx xx (Start Date) to present day."

Whether you use the SAR Form or write a letter, you should address it :

FAO : The DWP Data Controller, at the address of the DWP Benefits Office/Centre/Delivery Centre on your most recent ESA letter. (Not ATOS)

You can also write DPA 1998 SAR on front top left of the envelope, and your name and postcode on the reverse, top , right :

Sending Documents to the DWP or ATOS

The idea is to request "Everything" if you don't they may not provide "All" documentation.

You may not receive everything from the past, as The DWP do have a policy of destroying documents.

However, if you don't request it, you can't expect to receive it. There is a good chance that The DWP will have all your ESA documentation, as you have had a continuous, live ESA claim.

With respect to your G.P. Records SAR :

There may be an e-mail contact on your Practice Website, if they have one.

If not, you can ring them, but the likelyhood is that you will have to attend reception to sign a SAR Form, and pay any fee.

They cannot refuse, and you don't really have to give a reason as it is covered under The Data Protection Act 1998. (DPA 1998)

However, you could simply state that you need them to provide evidence for DWP Benefit purposes.

You don't have to state "from birth" you just have to request "all" of your G.P. records.

No, it is not unusual to ask for all records, though sometimes people simply request G.P. records from a certain date.

This could be the case for someone like you, who has already obtained their full G.P. records, but needs to update them from the last entry on the records that they have.

Remember, with respect to The DWP and your G.P. practice, they both have 40 calendar days to comply with the request, although this is a maximum, and you could receive them sooner.

bro58
Last edit: 9 years 6 months ago by bro58.

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