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ESA Medical Delay

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9 years 4 months ago #127012 by Gordon
Replied by Gordon on topic ESA Medical Delay
Kev

To answer your questions

1. If your condition has changed either due to the length of time since you completed the ESA50 or due to this new treatment then you should explain the changes, including medical evidence as available, and send the information to the ATOS office dealing with your assessment, you should also send a copy to the DWP office dealing with your ESA claim marked for the attention of the Decision Maker, also you should take a copy of this information to the ATOS assessment, if you have one, and ask the assessor to read it before proceeding with the interview.

2. See above, by submitting it now there is a chance that a recommendation on your claim can be made by ATOS without you needing to attend an assessment.

3. If you are called for an assessment then you are entitled to 7 days written notice of an appointment, however this includes postage time, so you may actually only get 4 or 5 days.

You should be able to cancel the first appointment without fault, however, you must attend the next appointment on the day specified or your file will be returned to the DWP as a no-show and your claim will be closed unless you can provide Good Cause for the missing the second appointment.

Gordon

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

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9 years 4 months ago #127069 by Kevin L
Replied by Kevin L on topic ESA Medical Delay
Thanks everyone for your help to date :) - I have received my appointment. Its in a couple of weeks, almost a year to the day from when my claim started. I have a few more questions:

1) My GP confirmed that they have not yet been contacted by Atos - if they are not contacted before the appointment do I have any recourse to either a) "demand" my doctor provides me with a letter outlining my conditions to take to the medical or b) "demand" Atos delay the medical until such time as they contact my doctor.

2) The notes sheet that was sent with my appointment states that if I want to have it recorded, I need to make a request and its not a legal requirement - is it advisable to request it, what are the advantages?

3) Can I bring a prescription with me instead of all my meds?

4) Does the friend/relative I bring need to bring ID - do they need to fill forms or answer questions?

5) Do you have general advice on how I should prepare for the medical - in terms of what I can expect, anything I should read?

Cheers, Kev

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9 years 4 months ago #127070 by Gordon
Replied by Gordon on topic ESA Medical Delay
Kev

1. There is no legal requirement for ATOS to contact your GP, you can neither force ATOS to contact them nor delay the assessment interview until they do.

2. There is a template letter to request your appointment is recorded in the ESA section. There are no cons to your requesting it although it could mean that your current appointment is delayed while they source the equipment. The Pros are that you will have a complete log off everything that is said during the appointment.

3. A prescription repeat should be sufficient, just make sure that it has a recent date.

4. No, any companion does not need to provide identity or to complete any forms, there is no need for them to answer questions before the interview, if they have valid input during the medical then they should be allowed to speak to a limited extent.

5. There is a section towards the back of the ESA Claim guides that explains about the assessment process and the questions that you are likely to be asked.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 4 months ago #127072 by Kevin L
Replied by Kevin L on topic ESA Medical Delay
Thanks Gordon.

If they don't contact my GP does that mean they think they have enough information on my ESA50?

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9 years 4 months ago #127084 by Gordon
Replied by Gordon on topic ESA Medical Delay

Kev68 wrote: Thanks Gordon.

If they don't contact my GP does that mean they think they have enough information on my ESA50?


No, if that was the case then they would not have arranged an assessment.

If you have not already seen you GP following your previous post, it may be worth you still doing so, if they were waiting for ATOS to write to them you can now confirm that they will not be, this may help if they were previously hesitant to provide you with support on your claim. You can present any letter or report at the assessment, ask the assessor to read it before starting the interview and include it in the file to be returned to the DWP. We do recommend sending a copy to the DWP as well, to the office dealing with your ESA claim marked for the attention of the Decision Maker.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 4 months ago #127087 by Kevin L
Replied by Kevin L on topic ESA Medical Delay
I have an appointment with my GP a few days before the assessment - at that time I can check again to see if they received anything from Atos and if they haven't I will ask them again.

Why are the DWP making some decisions based on the ESA50 and assessment but no evidence from GPs and/or consultants? Surely there should be a consistent process being followed?

Cheers, Kev

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