Phantom ESA50 to Medical as marked 'Mental Health'

Hi all, I'm trying to help my neighbour deal with the sudden absurdity of a 'phantom' transfer from IB to ESA. He's often unaware of his surroundings, unable to communicate effectively due to illness and social services abandoned him

In November 2013 he received a medical non-attendance form BF223, despite having received no notification his benefit was changing, no ESA50, no reminder and no medical appointment. Three witnesses including himself and I, didn't see any ATOS or DWP envelopes for him in the communal post since June 2013. On phoning the ESA re-assessments the staff gave dates on the system of correspondence raised; 6th June migrating letter, 9th July ESA50, and later a medical appointment.

We filled in and returned the BF223 on the grounds no notification was received that his benefit was changing and the claimant is often unaware of his surroundings due to illness.

We phoned last week for an update and were told the reasons for non-attendance have been accepted by a DM and a further medical appointment to be arranged in due course.

The staff then said she would ask her supervisor to access a separate computer system related to ATOS. Upon phoning us back she informed us the system states a completed ESA50 had been received by ATOS from my neighbour on 12th July, who disputed he received and filled one in. I replied the other computer system states an ESA50 was sent out on 9th July, so an impossible feat for the form to arrive, complete and return it to ATOS all within 3 days. We were advised to write in to request a copy of the phantom completed ESA50 so we could dispute it.

I then realized I'd forgotten the name of the staff and name of the database, to refer to when writing a Subject Access Request. In a further hour phone call different staff denied the existence of the previous information, we were told a blank ESA50 can be sent out to complete but cannot guarantee it's completion will stop the new medical appointment, and that we should still write in requesting a copy of any ESA50 previously sent in despite not having done so.

Then in another call the staff were more helpful and gave revealing information, but still nothing which justified their dates of a ESA50 sent out, completed, returned all within 3 days.
I was provided with the names of previous staff, times and call centres in my calls and that the database which states a completed ESA50 had been received on 12th July is called the 'MSRS system', and that 'the transfer has been marked as received to process the case because the claimant has been marked as having mental health problems'. Also they stated that the system entry stating 'case referred to medical services' on 9th July 'can mean an ESA50 issued, but not necessarily if the claimant is marked as having mental health problems'.

I replied the situation hasn't given the claimant chance to communicate his claim in writing and attach supporting medical evidence, as he doesn't have anyone to attend a medical with him to help him communicate. The response was fill an ESA50 in by all means, but no guarantee it will stop a new medical appointment.

I've not been able to find any information on what to do in such a situation, and also not sure whether to send a completed ESA50 to ATOS and/or the local BDC.

Please can anyone advise on whether we would be wise to complete an ESA50 and where to send it given the above situation ?, and;

Can anyone confirm whether there is now an official practice of sending IB transfers straight to medical without an ESA50 if they are 'marked as having mental health problems' ? :-

I wish to take this opportunity to thank all B&W staff for your tireless help and devotion to this site which I find an essential resource.

I have experienced claimants going straight from IB to ESA without a medical usually into the support group but not without a form and with a medical. This I agree is inappropriate and is a concerning case as it severely limits the claimants ability to advocate themselves adequately. I would definitely fill in the form and suggest taking the form along to the medical but keeping a copy in case it goes 'missing'. I would also request a copy of the 'phantom' form and would be very interested to hear what comes back!

Thank you both Puccalove and Gordon for your advise.

The staff in the last phone call did also comment that a completed ESA50 won't exist and thought it would be pointless requesting a copy.

The worrying bit was he stated there won't be a returned ESA50 and it's because they marked him as having mental health problems so they decided to send him straight to medical. So an action / procedure they've executed singling out a particular type of health problem. Despite it preventing evidence in writing and leaving the vulnerable claimant even more defenceless. Although irrelevant, if they are making pre-emptive assumptions he could not fill in an ESA50 then of course why send a BF223.

Ok we'll write to Atos requesting a copy of the file in any case, and let you know of any outcome. Will we then also receive a SAR form to fill in.

We have a letter from his GP we can use that was going to be forwarded later in defence of the reasons given in the BF223, and in it, it says the wording "unfit for any work related activity", which was previously used successfully for straight into SG on another neighbour and on appeal on someone else into SG. So we'll also fill in a downloadable ESA50 and take it to medical with the GP letter attached, and keep copies.

Thanks again

Sorry Gordon - forgot to say - he's adamant he didn't get the questionnaire, and since services abandoned him he has brought any forms to us, his neighbours to deal with. We also see the communal mail before he gets up. Thanks.