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Phantom ESA50 to Medical as marked 'Mental Health'

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10 years 4 months ago - 10 years 4 months ago #114728 by axel71
Gordon, thanks for the further info.

Yes the correspondence will be in his name and done with his permission and signed by him.
Last edit: 10 years 4 months ago by .

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10 years 4 months ago #114729 by Puccalove
It is of course possible that the form went 'missing' and that the not receiving it issued a medical assessment which also went 'missing'. This would be standard practice if a vulnerable claimant did not return a form and is preferable to the benefit being stopped on a technicality, although a reminder might be better. This would also be more preferable to the alternative of deliberately not sending a form because he had a mental health problem which as I said I haven't heard of happening but I can see why you have got this impression from the sounds of your conversation. Gordon suggests sending the form in ASAP and I suggested taking it to the medical to be absolutely sure the assessor had it in front of them. As a compromise you could send the form in but make sure a copy is taken to the medical as well. Alternatively you might be able to get a home visit via a letter from the GP and then maybe someone could be there with him?
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10 years 4 months ago #114730 by

survival71 wrote: Gordon, thanks for the further info.

Yes the correspondence will be in his name and done with his permission and signed by him.


Hi s71,

There is a template SAR letter at the bottom of this page :

www.ico.org.uk/for_the_public/personal_information

bro58

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10 years 4 months ago #114731 by

bro58 wrote:

survival71 wrote: Gordon, thanks for the further info.

Yes the correspondence will be in his name and done with his permission and signed by him.


Hi s71,

There is a template SAR letter at the bottom of this page :

www.ico.org.uk/for_the_public/personal_information

bro58


With respect to a SAR to the DWP :

SAR Form Download

From this page :

DWP Data Protection Policy

bro58

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10 years 4 months ago - 10 years 4 months ago #114820 by axel71
Thanks for the form links.

An update regarding the SAR. We phoned Atos today to check for the assessment centre address to write to, when I phoned the local assessment centre I was told the ESA file has gone back to the local BDC after the claimant didn't turn up for the medical 11th Nov.

Does this sound the correct procedure for the file?

If we think it is, then instead of sending to Atos we're thinking to send a downloaded SAR form to the local BDC rather than a template letter, and ask for all computer data, as well as copy of the phantom ESA50.

During the 40 days wait for the info we could then delay any new medical appointment by as you suggested, asking the GP to write in requesting a home visit
- would this be addressed to the local BDC or Atos or copied in to both?

Also today a blank ESA50 arrived in the post, but we have already typed half of the downloaded ESA50.
-Should we still send this in asap?

I expect they won't be able to argue the new form we send in was the one on 12th July with it being signed & dated December.
Last edit: 10 years 4 months ago by Gordon.

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10 years 4 months ago #114822 by Gordon
survival

To try and answer your questions in order.

- a claimants documents are held in one file which moves between the DWP and ATOS and back again.

- Although the file is currently with the DWP, as an assessment is still required the DWP will be returning it to ATOS, I would suggest you cover both bases by asking for a copy from the DWP and ATOS.

- You may be able to delay the assessment by submitting a letter from his doctor, but ATOS's usual procedure is to arrange an appointment and then cancel it if it is decided that it is not required, if there is a real need to delay the appointment then he should request that the medical is recorded, as this can often take weeks to arrange, there is a template letter in the ESA section.

Both the GP letter and recording letter should be sent to ATOS but there is no harm in copying in the DWP.

- It is most definitely worth completing the ESA50 it is the only way that your neighbour will be able to express how they are limited by their condition(s).

Gordon

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