DWP Phonecall 2 buisness days after Medical

Hello and thank you for your helpful guides.

I had my medical on Thursday last week and today I was called by the DWP and given three days to take another call. The lady in question said they had my medical file. Now I'm aware the DWP only call when it's bad news or rather zero points but I would be interested to know if anyone else has experienced such a quick turnaround from their medical.

It seems I may have yet another long fight on my hands.

Val wrote: Hello and thank you for your helpful guides.

I had my medical on Thursday last week and today I was called by the DWP and given three days to take another call. The lady in question said they had my medical file. Now I'm aware the DWP only call when it's bad news or rather zero points but I would be interested to know if anyone else has experienced such a quick turnaround from their medical.

It seems I may have yet another long fight on my hands.

Hi V,

Even though the assessing ATOS HCP sends the ESA85 Medical Report that is generated as a result of the face to face assessment to The DWP ESA DM electronically, this is very quick for a decision.

Unfortunately, on the majority of occasions that an ESA DM telephones you, it is because they are considering making a fit for work decision, and wish to see whether you can provide any further oral evidence that may change their mind.

You could use the next couple of days to review your ESA50 if you have kept a copy, whilst reviewing our : ESA Claims Guides to see if you can spot any potential weak points in your application.

If you can, you could make some notes in anticipation of the call.

You could even record the call covertly if you have the facility.

Whatever the reason for the call is, you could request that the DM provides you with a copy of The ESA85 Medical Report, and any associated docs or score sheet..

Please return to provide an update after the call, so that we can try and advise further.

Good Luck !!!

bro58

Hello bro58 and thank you for your response and help.

Yes, I do have copies of everything though I think its too late to record the conversation but someone will be with me as witness to this over speakerphone. What does concern me is the change to the appeals process. Do I request an SAR first before the Mandatory Reconsideration or after? I am looking at your guides for this information.

I will keep you all posted as I chose the last day offered to give me time to review everything. Strangely the medical centre was deserted when I arrived. There appeared to be only two people if that, conducting the medical assessments. I had the overall impression of strange and it wasn't just my nerves.

Val wrote: Hello bro58 and thank you for your response and help.

Yes, I do have copies of everything though I think its too late to record the conversation but someone will be with me as witness to this over speakerphone. What does concern me is the change to the appeals process. Do I request an SAR first before the Mandatory Reconsideration or after? I am looking at your guides for this information.

I will keep you all posted as I chose the last day offered to give me time to review everything. Strangely the medical centre was deserted when I arrived. There appeared to be only two people if that, conducting the medical assessments. I had the overall impression of strange and it wasn't just my nerves.

Hi V,

If the ESA DM confirms that they are to make a fit for work decision, you could request an MR over the phone there and then.

However, you should also receive a written Decision Notice confirming the decision.

This will also include your rights regarding requesting an MR (within one month of the date of the Decision Notice letter)

It is then that you should reiterate your MR Request in writing, making it clear that you are formally requesting a Mandatory Reconsideration of the adverse (fit for work) decision.

You can request the documentation from the DM whilst on the phone, then back the request up in writing, any time after the phone call :

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS

As you had a "medical" you should request the ESA85 medical report. (It would be the ESA85A Medical Report if no "medical" face to face took place)

ESA medical – what forms to ask for?

This should include the reasons for the decision, which may be useful with your MR/Appeal.

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could add a request for "ALL" documentation used in coming to the adverse decision.

You should make your written SAR as a totally separate issue to an MR request.

For further information regarding requesting an MR/Appeal, there is a guide on this page:

ESA Claims Guides

See also :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.


bro58

Thank you again bro58 for all your help.

update: As we already knew, the decision is a no with zero points. I asked how they managed to arrive at the decision within a two day period given that they don't work weekends and she said the decision had not been decided until this morning 18th. I seriously doubt that. If I had chosen the Tuesday (after the Monday phone call) then that would have been within just 3 days. I question if they've even read the form or my answers to the descriptors.

I also requested a Mandatory Reconsideration which she refused to put into motion insisting I need to wait for the form despite me saying I would follow that with a letter my niece would do for me. She also seemed to imply that she would be the one doing the reconsideration, I sincerely hope not.

She wasn't interested, as the ATOS male nurse was not interested, in hearing me clarify the issues I have in regards to the descriptors and kept cutting me off or talking at the same time.

So the fight begins again.