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12 years 2 months ago #79704 by Sandra
Replied by Sandra on topic Re:quick question
i do understand its just that how can the Decision Maker use it if it had not be requested by the dwp? I will just have to hope that they request one after the medical but if they dont do i/we have grounds to request one if she fails the medical?

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12 years 2 months ago #79705 by Gordon
Replied by Gordon on topic Re:quick question
Sandra wrote:

i do understand its just that how can the Decision Maker use it if it had not be requested by the dwp? I will just have to hope that they request one after the medical but if they dont do i/we have grounds to request one if she fails the medical?

Apologies if I a have misunderstood your post, it is the Decision Maker, who works for the DWP, who requests the ESA113 from a GP.

You may be able to ask the Tribunal Service to order that an ESA113 is issued, but obviously this requires an appeal. Other than this, you cannot require the DWP to make the request, they are at liberty to choose what evidence they wish to collect.

Gordon

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

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12 years 2 months ago #79719 by Sandra
Replied by Sandra on topic Re:quick question
ok thanks gordon. so really my daughter cant do anything until she has had her medical and see what happens with that and if she was to fail i then can ask for the esa113 to be sent.

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12 years 2 months ago #79721 by Gordon
Replied by Gordon on topic Re:quick question
Sandra

I'm afraid so, and just to make it clear, you can request an ESA113 be issued, but the decision to do so would lie with the Tribunal Service, and they may still refuse to do so.

Gordon

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

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12 years 2 months ago #79739 by Sandra
Replied by Sandra on topic Re:quick question
thanks for the help. its just makes me angry as that esa113 would help my daughter. i am sure dwp/atos are making it sound like that she lying(so they ahvent bothered sending one) and that they know what they are going to do anyway.

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