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Urgent, please help, late ESA50

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5 years 3 months ago #224164 by chafur47
Urgent, please help, late ESA50 was created by chafur47
ESA50 is late. More than 2 weeks late. DWP said I could take as long as needed because there was some type of flag by name.
1. Waited since 28/12/18 letter of support from GP. Manager typed 31/12/18 but sent me on
7/01/19. I asked him to amend. No response. I booked a telcon with my GP, he did NOT
PHONE ME.
2. Phoned DWP this morn to say what happened. Was told not to worry, to send the form
and I said carer will mail it tomorrow.
3. I phone the Centre for Health and Disability Assessment this afternoon. Shocked.
Agent said I have an appointment next Tuesday. Didn't receive a letter to notify me of this
. I told him I didn't receive a letter. He said it would be sent today.
4. I asked why is he giving me an assessment when they had not received the ESA50,
nor my medical evidence? I said this not legal. How could they assess me, if they had
not received my ESA50 yet? Am I correct? Can they assess you withoyut you returning
ESA50 along with your medical evidence?

5. The Agent said they could assess without the ESA50. He then said, that if I could not
come next Tuesday, he could give me another date, but can only change once. He
suggested the 22/02/19, but would not change again.
6. I said I could not go next Tuesday, that I am homebound/bedridden, and would need a
carry chair, if he can provide. He said not. The Agent said if I need a home appointment,
need a fax from my GP by no later than Friday to say I am unable to attend, that the GP
has to give medical reasons as to why not, GP has to provide them a letter as to why I
need a home visit. Its obvious, my GP will not do this.

Can I send the form, along with medical evidence, explain why I am homebound/housebound and need the home visit? Or is it the law or Maximus rules that the GP has to explain whey I need a home visit?

My GP does not know me, nor does he know my medical history and symptoms. I met him three times in the two and a half years I joined this surgery. My notes, my medical records everything is a mess. GPs and admin are incompetent. The manager writes letters, not the GPs, usually incorrect and misleading.

I immediately contacted my GP's surgery and sent my carer with a letter, around 18:00 today, to my GP to arrange for this note to Maximus explaining why I am unable to attend on next Tuesday (I only found out because, I phoned, I was not sent a letter). I was told my GP will not be in till Wednesday, that I can see him on 2 February 2019. That its unlikely he would be able to prepare a letter for MAXIMUS as to why I am yunable to go to the assessment centre next Tuesday. From what I seen so far, those GPs in this practice are afraid of the DWP, of Managers, etc..

How best to navigate through this chaos? Can Centre for Health and Assessment assess me when they have not received my ESA50 and my medical evidence yet?

Can Maximus request that I provide a letter from my GP as to why I need a home assessment? why can't I explain?

Why did the DWP not tell me this morning when I phoned that I have an appointment next Tuesday even though, they have not received my ESA50 and medical evidence

Could I then go to a private doctor this week and request he writes a report along with my medical evidence, and also add, that its best to avoid a f2f assessment because I have been diagnosed with uncontrolled hypertentions, and suffered ministrokes on 12 Oct 18?

Where can I find info about exemptions from f2f assessments?

I also suffer from diagnosed multiple chemical sensitivities, unable to wear a mask, I react to the mask, I will not go in public places, unless its life or death, ie A&E.

Many thanks, :)

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5 years 3 months ago #224185 by Gordon
Replied by Gordon on topic Urgent, please help, late ESA50
chafur

There is no legal requirement for an ESA50 to be issued as part of a assessment and they can invite a claimant to a face to face assessment without having received a complete ESA50 and any evidence that might attach.

Unless you have very compelling evidence of your inability to attend at their offices then you will need your GP to write to Maximus explaining in unambiguous terms why you cannot. Given the circumstances, I would speak to your GP surgery again.

You do have the option of cancelling the current appointment to give you more time to speak to your GP, if you do this then I would not contact Maximus until the day before to maximise the time you have available.

The DWP would not have known about the appointment, these are arranged solely by Maximus and the DWP have no part in the process until they receive a completed assessment report.

Gordon

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

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5 years 3 months ago #224203 by chafur47
Replied by chafur47 on topic Urgent, please help, late ESA50
Thank you Gordon. So, Maximus is entitled to ask claimants for an assessment even without having updated medical information?
Are there any exemptions to attend f2f? I am sure I came accross such a document, but I could not find it. I honestly can't go out and do not, only to hospital appointments, and even then, I have to postpone many, or my carer has to rush me out because of the solvents used to clean floors, air freshners in the ceilings etc..
Can I ask a private cardiologist who I have been seeing, for around 20 years both on the NHS and privately to ask him for a report? When Maximus does the assessment and sends it to the DWP, will the DM at the DWP decide the award? Should it not be that the DWP asks Maximus to do an assessment after receiving the ESA50? Does not the DWP often makes a decision without recourse to Maximus?
I can't rely on my GP. This GPs practice is chaos, literally. They are rude, they lie, they put on hold then hang up, they do not reply to emaisl, nor does the new manager. There is a constant flow of new staff, not trained, unable to spell, or talk, its like a holiday camp, they are very young, inexperienced, untrained. My GP feels pressurize from the DWP, its obvious, and is afraid of writing anything for his patients...

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5 years 3 months ago #224222 by Gordon
Replied by Gordon on topic Urgent, please help, late ESA50
chafur

The DWP can make a Decision without involving Maximus, but this happens extremely rarely and if your file is now with the Assessment Provider then they have decided that they could not do this.

There are exemptions to a face to face but If you have already been invited to an interview then you have failed to meet these. That does not mean that a Paper Based Review cannot still be done but you will need to find a way to provide the information that the assessor needs to be able to write their report.

The obvious route to doing this is your GP but you say they do not really know your conditions.

You could try for a home assessment but you will still need your GP to write to Maximus explaining in unambiguous terms why you cannot attend at their offices.

Gordon

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

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