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At what point is ESA113 sent to Doctor?

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8 years 2 months ago #151606 by droopy
Was sent ESA50 just before Xmas, which I did not find until much later into the new year, as I was not of particularly clear mind at the time - and, honestly, I did not think to look for it at this time of year, as I thought Maximus would be clearing a backlog and that I would not be asked to reapply this early in year. I was absolutely not expecting it and I would urge other people reading this not to get too complacent. I live in the Norfolk area if that is any further help.
So I had to fill in the form in a matter of a few days, and was not able to make an appointment with my doctor during this time, as he does not always work at the same surgery and is very busy. I wrote a letter for him, alerting hm to my impending reassessment, and hoped for the best. I may have been guilty of hiding my head in the sand or just not thinking clearly.
Unfortunately the form sent to the surgery by Maximus was filled in by another Doctor, who had never seen me. They were not dishonest, but vague and perfunctory in their summation, and it has not helped my case.
I am currently in the support group, and have been for six years. The only medical I have been to before was the one right at the start of my claim, and I was told at that medical that I should not have been attending. Yesterday I received a letter from maximus inviting me to a medical at the end of next week. I am very worried as this has not happened for a long time. I am trying to contact my Doctor but he is not at the surgery until the start of next week. Is it too late for him to undo the damage?
Two Doctor specific questions:
How cn I prevent other doctors from the surgery filling in these forms? The surgery said it was done to save time, that they considered it better to fill in the form and send it back, rather than wait for my doctor to do it. But can I be penalised if my doctor does not fill in the form immediately? Forgive me, but I don't really understand the time frame for these things.
At what point are these forms sent out to Doctors, if the person is a reassessment and not a transfer from IB or a first-time claimant? Is the form sent to the doctor before I even receive the ESA50?
Please forgive confusion. Am scared and naturally think that medical will be a joke,
Don't get too complacent about reassessments. It caught me out.
Droopy
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8 years 2 months ago #151609 by Gordon
Replied by Gordon on topic At what point is ESA113 sent to Doctor?
Droopy

To try and answer your questions.

There is little that the claimant can do to stop another GP at their surgery from answering an ESA113 if their GP is not available and sometimes even if they are. There is a timescale for the GP to respond in, I'm not sure what it is but would guess that they are given about four weeks. Although the statistics are quite old now, a DWP report stated that only 25% of requests are actually answered.

Unless you have a good and supportive relationship with your GP then it is likely that they will refer to your notes in order to answer an ESA113, as an illustration I've been seeing my current GP for some 10 years and have only seen another GP at the practice on a couple of occasions when they weren't available, at the last appointment they actually asked if I shouldn't be raising the issues I'd made the appointment for with my normal GP, the moral of this sad story is don't expect your GP to have any special knowledge of you!

There a numerous points during a re-assessment that an ESA113 can be issued.

If the claimant has severe mental health issues then one can be issued prior to any ESA50 and may influence whether one is actually issued. Most requests are sent out once the ESA50 has been received and finally, under very limited circumstances a Decision Maker may issue one if they have concerns over discrepancies between the assessment report and the claimants evidence.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 2 months ago - 8 years 2 months ago #151616 by droopy
Replied by droopy on topic At what point is ESA113 sent to Doctor?
Dear Gordon,
Thank you very much for responding so promptly, and so comprehensively. That really does answer all those questions and might make a useful `general questions' post at the top of the forum.
My GP does know me, if only because he seems to find me something of a curiosity.
In some ways it seems I have been lucky for a long time, with all these random factors converging to useful effect in the past. Not so lucky this time.
One more dopey question, if I might be allowed. Is there anything that my doctor can say at this stage that will make a difference (like filling in the same form himself and submitting it) first so that I don't have to go to a medical, and then so I do not lose ESA completely - yup, I am not optimistic about the medical and see it as a chance for them to get me off ESA. If so, how long have I got between medical and decision maker's review to do this?
Thanks very much again,
Droopy.
Last edit: 8 years 2 months ago by slugsta.

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8 years 2 months ago #151628 by slugsta
Replied by slugsta on topic At what point is ESA113 sent to Doctor?
Hi Droopy,

One of the problems is that there are no specific timescales in which each step of the re/assessment must be completed. For instance - in my own case I know that a decision regarding a face2face was made in about 10 days and my file returned to DWP. However, we know from other members that they have waited considerably longer than this to be 'invited' fr a face2face. that makes it difficult to know how long you might have to submit anything new.

It certainly wouldn't hurt for your own GP to write a letter in support. Something saying 'Droopy cannot do any kind of work' would be useless. Something referring to the descriptors and how/why you meet them would be perfect. The reality is probably somewhere in between!

It would be worth sending a copy of whatever your GP writes to both Maximus and DWP. Don't forget - keep the original, send a copy!

Sending Documents to the DWP or ATOS

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8 years 2 months ago #151730 by droopy
Replied by droopy on topic At what point is ESA113 sent to Doctor?
Dear Mrs Hurtyback,
Thank you very much for your response. Yes, you are right about specific timescales. After four weeks I thought my reassessment had been settled in my favour, and had started to expect the confirmation letter in the post. Previously, when I had been called in for an interview, it had been swiftly after returning ESA50.
It is a mistake to get complacent.
Thanks again,
Droopy
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