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ESA50 form lost by ATOS, medical now needed

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12 years 2 weeks ago - 12 years 2 weeks ago #83003 by Dollydee
Hi

If ATOS has lost a ESA50 form or not received it, can they just send you for a medical when moving from IB to ESA ?
How can they score you on points if they have nothing for a DM to work on ie answers to questions and evidence provided from claiment ?

Also do you have to be getting DLA to be placed in the support group of ESA ?
Last edit: 12 years 2 weeks ago by slugsta.

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12 years 2 weeks ago #83011 by Gordon
Dollydee wrote:

Hi

If ATOS has lost a ESA50 form or not received it, can they just send you for a medical when moving from IB to ESA ?
How can they score you on points if they have nothing for a DM to work on ie answers to questions and evidence provided from claiment ?

Also do you have to be getting DLA to be placed in the support group of ESA ?

It is possible for a claimant to be be sent an appointment for a medical when the ESA50 is not available, although the circumstances are limited.

First, the medical booking process is independant of the ESA50 tracking system, this can result in the medical being booked before the ESA50 has been returned, although with most ATOS Healthcare Centres being overloaded, this is less likely to happen at the moment than previously.

Secondly, where it is known that the claimant has mental health issues, it is permissable for ATOS to carry out a medical if the ESA50 is missing.

If the ESA50 was issued, completed and returned but is now missing from both the DWP and ATOS files, then you should be contacting both parties regarding this matter. A DWP Decision Maker making a Decision on a claim without considering an ESA50, where one should be available, would be good cause for an appeal.

Gordon

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12 years 1 week ago #83190 by Dollydee
Replied by Dollydee on topic Re:ESA50 form lost by ATOS, medical now needed
Hi Gordon
Thanks for your reply to my question. If the DM has not got the ESA50 which had been returned, completed, with full details of the claiments illness, would they make a decision based just on the doctors report ? surely this wouldnt be fair!
Would the claiment be able to write a statement based on the ESA50 questions to give to the doctor who does the medical and ask that they sent it along with their report for the DM to score points on as if it was the ESA50 form ?

I have read in one of the guides about someone who didnt agree with her medical report, it said to check the start and ending times of the medical because the doctor should complete the report while you are there, but in the disability hand book it tells doctors to finish writing the report once the claiment had left ???

What are Atos views on fybromyalgia ? as to it being mental or physical illness ?

Thanks

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12 years 1 week ago #83199 by Gordon
Dollydee

It would be possible for a DM to make a Decision without the ESA50, however, this would most deinitely be an appealable Decision.

Have you had a medical yet? If not, then the important thing is to not let it get to this stage.

Hopefully you retained a copy of the ESA50 and I would suggest you send a copy to the DWP, for attention of the DM, and take a copy with you to the medical.

If you have had the medical then you need to contact both the DWP and ATOS to find out what happended to the the form, and in particular with the DWP, delay a Decision being made until they can receive a copy of the form.

Good luck

Gordon

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12 years 1 week ago #83212 by Gordon
Dollydee

Sorry, forgot your question on Fibromyalgi.

Although there is no clear definition in the DWP reference source, the A-Z of Conditions, the document referenced, explains that many of the symptons are phyisical in nature, so it is reasonable to assume it will be treated as a Physical disability, however, this does not preclude you referring to any mental conditions that might result, for example depression.

Gordon

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12 years 1 week ago #83387 by Dollydee
Replied by Dollydee on topic Re:ESA50 form lost by ATOS, medical now needed
Hi Gordon,
I phoned DWP on friday, they called me back this morning and said they hadnt received the ESA50 that I had spend ages filling in. That is why they are sending me for a medical. I asked why then havent they wrote to me or even sent me another form to fill in and they said its because its mental illness.
I asked would the Dm only go on the ATOS report and he said yes because I would be able to tell them about my illness then. But if they are computer reports from the lima system then it very unlikely that they will bother to manualy input all aspects relevant to me as this will take them more time and effort, and as we know time is money time to the doctors so am not going to get a fair report !!

What can I do about it ? if anything at all ??

Thanks Donna

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