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ESA Health Assesment Advisory Service

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8 years 9 months ago #137337 by David
Good Morning Everybody,

I've been unable to make my first two health assessment appointments because of my spinal problems not to mention a magnitude of other health issues. I spoke with their call centre advises explaining my consent varying condition which is unpredictable and live life at present day by day.. Moreover the pain medication I have to take incapacitates which makes me unfit to travel and with the side effects of the meds I am unable to effectively communicate.

The advisers suggested that I go to my GP and get a letter faxed over, advising that I have a home health assessment and in the mean time would send out another appointment letter to appease their system/records. By this time your GP should have faxed over a letter, we can cancel you third appointment and reappoint for the home visit. This all seemed straight forward although there was a delay in my GP in faxing my letter over. The day before my third appointment I received another letter from H.A.A.S saying in light of your new medical evidence/circumstances they had reviewed my claim again. However it was decided that presently it is still necessary for me to undergo an assessment at Romford.

I thought there must be some sort of mistake, they had not received my GP’s letter and this was some sort of automated letter for that reason I gave them a call on 0208 795 8860 and asked the adviser about their letter. In addition asking her to validate they had received my Doctors letter, which advised the health assessment to be carried out at my home address. She confirmed that my Doctors letter and his advice had been taken in to account but the decision had been made and there was nothing she could do. For this reason she was unable to cancel my third appointment at my request and said they would be sending me out a BF223 (ESA) 10/08 and I would have to explain in there. (Explain What Exactly)

I've been on courses run directly by the DWP advising that you should not put yourself at risk by manage your health problems and making people aware.

Please can anyone advise what I should do?

In addition there asking me to send copies of my medical health, conditions and medications. I have no problem in them knowing my health circumstances but really do not want to send such personal in death sensitive data via post. I thought upon filling out my application for ESA that I gave them permission to contact my GP and obtain my medical records/history.

Do anyone know what their entitled to and do I have to send such personal information by post?

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8 years 9 months ago #137353 by Gordon
Replied by Gordon on topic ESA Health Assesment Advisory Service
David

I am afraid that you are only allowed two failures to attend an ESA Assessment before your file is returned to the DWP. It would appear that Maximus, the Assessment Provider for ESA, have tried their best to help you b allowing you time for your GP to submit reasons why should have a Home Assessment, but in the end they have not been satisfied that one is required.

The BF223 form is your opportunity to explain why you were unable to attend either of the assessments that were booked, a DWP Decision Maker will look at your answers to decide whether you had Good Cause, if they agree with you then you will be offered a new assessment, but this will likely be at a Maximus office again.

If they do not believe that you had Good Cause then your ESA claim will be closed. You can make a new claim for ESA immediately, but you will not be paid for six months or until you attend an assessment whichever is the sooner.

Gordon

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

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8 years 9 months ago #137376 by JenJJ
Replied by JenJJ on topic ESA Health Assesment Advisory Service
Hi David,

The DWP often don't ask GPs for information and if they do, GPs may not respond or they may just respond with a line or two confirming your health conditions but with nothing that will support your claim for ESA - i.e. confirmation of how your health affects your daily activities in detail.

As far as the DWP are concerned they are employing a doctor or healthcare professional to examine you at the assessment for their medical evidence. The onus is on the claimant to provide independent medical evidence to support their claim.

So it is in your interests to provide DWP with everything that you can. It might be worth phoning them to discuss your concerns about sending in info.
The following user(s) said Thank You: David

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8 years 9 months ago #137380 by David
Replied by David on topic ESA Health Assesment Advisory Service
Good evening Gordon,

Thank you for your reply and I understand what your saying about how their system works. My first two appointments have already been addressed my apologies for not making that clear in the previous email.

What about the permission given to contact my GP and obtain my medical records/history.

I have in depth reports from several consultants about the many irreversible health conditions I have. I really did not want to send such personal information by post, even though they would only be photocopies.

I do not understand why they haven't obtained these documentation already direct from my GP e.g why would they bother asking my permission in the first place.

Many thanks,

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8 years 9 months ago #137383 by Gordon
Replied by Gordon on topic ESA Health Assesment Advisory Service
David

If a BF223 is being issued then the matter of your two missed appointments is very much not resolved, your claim will not progress unless a DWP Decision Maker accepts your reasons for not attending.

Maximus are under no obligation to contact your GP and probably will not if you have been called to an assessment, they most usually do so when they are trying to see whether a recommendation can be made without a face to face.

If you have not included any evidence with your ESA50 on the basis that either they would seek it form your GP or that you would provide it a face to face then the letter is likely a reminder rather than a specific request.

However, this is moot unless a new assessment is offered.

Gordon

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