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No ESA50 at WCA

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8 years 11 months ago #133425 by cats6
Replied by cats6 on topic No ESA50 at WCA
"They are under no legal obligation to contact an HCP that you provide contact details for.

They only do so in the form of an : ESA 113 Questionnaire for less than a quarter of all ESA Claimants.

This is why we advise members to obtain there own evidence and send it with The ESA50".


P.S Reminds me a few weeks back when checking, for myself, with one of the teaching hospital departments that deals with Medical Records requests for patient records from organisations..

I had an interesting and enlightening conversation with the person in charge/running the office.

They had been working there for 2 yrs [before that worked long term in the legal dept that deals with patient requests for medical records]

Anyway's, I was told those medical requests from the DWP, that this person on average only sees around 2 or 3 a month cross their desk But they averaged around 5 requests a week & counting from insurance companies.

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8 years 11 months ago #133426 by Gordon
Replied by Gordon on topic No ESA50 at WCA
cats6

Providing the current appointment is your first then you should be able cancel it for another one, however, this is a risky strategy as you will have to attend the next one or risk having your claim closed. AS ATOS did before them, I would expect Maximus to have no problems assessing you using out of date information.

It is likely that some claimants receiving an "old" benefit will have been transferred directly to ESA, but the numbers would have been small and those who were would likely fall into categories such as quadriplegics or those with significant brain injuries.

Gordon

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

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8 years 11 months ago #133430 by cats6
Replied by cats6 on topic No ESA50 at WCA
Thanks Gordon about the transfer information, I will let W&B know what the DWP response is to me of why I was missed, when I write them.

Slight correction, Not My 1st invite to a F2F But My 3rd, the 1st i canceled because of my health, before the 2nd appointment i was admitted into hospital.

Just to say, on that appeal in the 90ies i was taken from a hospital bed to attend, by ambulance car, A support worker & family i had, the then director ex medical specialist of the charity esscorted/helped me
Party why the head chairperson went berserk at the DWP representative as well as the DWP ignoring all the overwhelming evidence for 2 yrs.

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8 years 11 months ago #133431 by cats6
Replied by cats6 on topic No ESA50 at WCA
"Is there a way to delay this F2F with maximus in May 2015 Because the 1st ESA50 Form was sent to atos June 2015"

Sorry That should be JUNE 2014,, NOT 2015

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8 years 11 months ago #133432 by Spaceman
Replied by Spaceman on topic No ESA50 at WCA

bro58 wrote: Hi DL,

As mentioned previously the important issue would be to show how and why they qualified for the appropriate "Group" as part of an MR request. (WRAG or SG)

bro58


Thanks for your posts bro58. I'll pass on what you've said and my friend will have to decide how to proceed.

Obviously the concern is that a MR could take a long time, during which he'll not receive any ESA or IS and his only option would be to claim JSA, which could be difficult for him. So it may that making them realise there is no ESA50 and thus the decision can't properly be made and that they need to start the process again, this time with the information needed, might be a better option, as I presume he would be left on IS until that is completed, unlike with a MR.

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8 years 11 months ago #133444 by Gordon
Replied by Gordon on topic No ESA50 at WCA
DJ

I am sorry but I don't think that this strategy will work, whilst you can argue that an ESA50 should have been issued for proper Decision to have been made, there is in fact no legal requirement for it to actually be done and a Decision can be made without one.

We have seen this situation before with regard to ESA and claimants with a far stronger legal case (different circumstances) and it has not been until a Tribunal that any such Decision has been made. I can probably count on one hand (with fingers to spare), the times where a claim was considered so flawed that the claimant was reverted to the original benefit and the transfer started from scratch again.

Gordon

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