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ESA medical - accompaniment/recording/evidence

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8 years 4 months ago #145092 by mpckelly
Hi,

I've just learned that I'm due an ESA medical tomorrow week. The info I've read from B&W and the DWP says I "can" have someone with me at the appointment - I would like my partner to accompany me. However, my partner isn't available on the given day. Am I entitled to have the person of my choice with me at the appointment; and if so, does this mean the Health Assessment people must reschedule the medical for when my partner can make it?

Also, a query about recording medicals. I'm going to ask for it to be recorded. I've seen in the booklet with my appointment letter that there is "no legal right" to have it recorded, and this has been repeated in a forum response I've seen; however, the form letter on the B&W site requesting a recording does seem to assert a right to having the recording done. Any advice as to how assertively I should claim any right I might have in the light of this apparent ambiguity?

Finally, I have a lot of supporting evidence that I want the medical assessor to read. If I take it with me on the day, should I expect them to read it whilst I am present? Or are they entitled to read it and factor in the information afterwards? Should I post copies of the evidence to the Health Assessment office address ahead of the day?

Many thanks in advance.

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8 years 4 months ago #145098 by Gordon
HT

You are entitled to have someone with you at the assessment but re-arranging the current appointment to allow this will be classed as one of your two appointments for the WCA and you will need to attend the second one, whether it is convenient or not or risk having your file returned to the DWP as a no show.

If you ask for it to be recorded then this this should be done in conjunction with asking for a convenient date.

You have a right to request that a recording of the assessment be made but no absolute right to require that this be done, if for example the recording equipment is not available on the day, this would not be counted as reason to have the assessment,

If you have additional medical evidence then I would send a copy to the assessment centre in advance of the interview, send a copy to the DWP office dealing with your claim with a covering letter explaining what it is and finally, take a copy to the assessment, the assessor is required to read it before starting the interview. This is covered in section 3.1.2. of the WCA Handbook.

Gordon

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