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help needed re: ESA medical
- tony1
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10 years 3 months ago - 10 years 3 months ago #116442 by tony1
help needed re: ESA medical was created by tony1
any help would be most appreciated. Filled in a form following the B&W guide by September of last year, filled this in fully whereby how detrimental it would be for them to go out to work etc and how the disabilities that this person has limit them in every area of their life whereby they are virtually housebound/bedbound for most of the time (this was reiterated throughout the form). This week Atos sent them a letter requiring them to attend a medical, when she is so depleted and cannot leave the house. On the form we asked for a home visit as she would not be able to attend the medical, but obviously they are not listening. We also let them know that her GP comes out to the house as she is not able to go to the medical centre. The GP has told us that they have not heard from ATOS at all. On top of this a family member phoned on her behalf the other day and they said that they would need in writing from the GP the reasons why she is not able to attend the medical, would this be enough? would they then do a home visit?. On top of this I have been battling on the individual's behalf to get her treatment as the GP's will not put anything in place saying it is mental health, where the mental health team are saying that it is the physical condition that is driving the mental health symptoms. On top of this an inquiry with the NHS trust has been launched over a year and a half ago and is still ongoing with the local MP involved, and a serious incident review has been launched into her care and treatment (non-existent, but another issue). Since the form has gone off we have had private tests done that have shown up serious issues with the thyroid (poss graves/hasimotos), adrenal underfunctioning and possibly major issues with the stomach (we are awaiting the outcome of these tests). But the GP's refuse to recognise the private tests, so we have had to find a private doctor to get to the bottom of these conditions which have been going on for twenty years. Any advice about the medical issue would be most appreciated as I am now at the end of my sanity about what to do. p.s. just found out today that the GP heard from DWP end of last year and sent the form back without our knowledge!.
Last edit: 10 years 3 months ago by Gordon.
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- Gordon
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10 years 3 months ago #116445 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help needed re: ESA medical
Tony
I can answer some of your questions but not all.
Home assessments are at the discretion of ATOS, whilst it is possible for a home assessment to be granted on the evidence supplied with the ESA50, this is most often due to physical limitations rather than mental health problems. In these cases ATOS will require a letter from the claimants GP confirming that attendance is an issue and why, even then ATOS can still refuse a home assessment, should this happen your only other remaining option is to involve your MP as the decision is not subject to appeal.
You also need to be aware that a refusal to attend a scheduled assessment can lead to a claimants claim being closed if they do not provide Good Cause for their not doing so, it is possible to miss one, but not two. Should the claim be closed then it can be challenged but the process is often long and their is no guarantee of success.
You say your GP was contacted by the DWP at the end of last year, this was likely in the form of an ESA113 request. Whilst it should be good practice for GP's to speak to the claimant about these, they are not legally obliged to do so, A copy of their response should be on the claimants medical records and providing it was done within the last 40 days, should be free to access at their GP's practice.
I am afraid that we cannot comment on medical matters, but as a general comment, I would speak to the GP to understand why they have a problem with these results and whether similar investigations could be carried out by NHS to see whether there really is a problem in this area.
Gordon
I can answer some of your questions but not all.
Home assessments are at the discretion of ATOS, whilst it is possible for a home assessment to be granted on the evidence supplied with the ESA50, this is most often due to physical limitations rather than mental health problems. In these cases ATOS will require a letter from the claimants GP confirming that attendance is an issue and why, even then ATOS can still refuse a home assessment, should this happen your only other remaining option is to involve your MP as the decision is not subject to appeal.
You also need to be aware that a refusal to attend a scheduled assessment can lead to a claimants claim being closed if they do not provide Good Cause for their not doing so, it is possible to miss one, but not two. Should the claim be closed then it can be challenged but the process is often long and their is no guarantee of success.
You say your GP was contacted by the DWP at the end of last year, this was likely in the form of an ESA113 request. Whilst it should be good practice for GP's to speak to the claimant about these, they are not legally obliged to do so, A copy of their response should be on the claimants medical records and providing it was done within the last 40 days, should be free to access at their GP's practice.
I am afraid that we cannot comment on medical matters, but as a general comment, I would speak to the GP to understand why they have a problem with these results and whether similar investigations could be carried out by NHS to see whether there really is a problem in this area.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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