ESA85-discrepencies

My ESA85 has arrived and is full of inaccuracies and disingenuous remarks by the HCP.Whats best way to point these out to the DWP decision maker?

John wrote:

My ESA85 has arrived and is full of inaccuracies and disingenuous remarks by the HCP.Whats best way to point these out to the DWP decision maker?

Hi J,

I note from your previous posts that you were found "fit for work" after a "face to face" assessment, and have appealed and sent in a "fit note"/"sick note".

If you feel that there are inaccuracies in the ESA85 medical report, you can go through the report, and write corrective comments where needed.

If you had a companion with you at the "medical" you can cite this as corroboration.

If you have any written medical evidence to back you up, you could also cite this.

You could then send off copy of your comments regarding the report to the DWP DM, this may assist with your appeal.

You should remember though that the important issue is to show that you meet the qualfying criteria for the WRAG or SG, not just that the ESA85 has discrepancies, although it obviously may help if you can discredit the report.

See :

Qualifying for the WRAG

Qualifying for the Support Group

As a seperate issue, you could make a complaint to ATOS, regarding the quality and accuracy of the ESA85, :


Complaining to ATOS.

Atos Healthcare
4 Triton Square
Regent's Place
London
NW1 3HG

or alternatively at This email address is being protected from spambots. You need JavaScript enabled to view it.


If you feel that the quality of the report was really poor you may also be able to make a complaint to The Nursing and Midwifery Council, if the ATOS HCP was a Nurse or Midwife, or The GMC if it was a Doctor.

The ESA85 should be signed by one of the above.

See :

www.nmc-uk.org/About-us/How-to-make-a-complaint-about-the-NMC/

www.nmc-uk.org/Search-the-register/

www.gmc-uk.org/doctors/register/LRMP.asp

www.gmc-uk.org/concerns/index.asp

You could also complain to your M.P., see :

Contacting your MP

Unfortuntely, the ATOS HCP is allowed to make "Assumptions" though.

Hope this helps.

bro58

Thankyou bro58,thats a big help.not sure if i have much energy left for the fight,but i have all the info needed now.

I am also having to point out discrepancies, errors and omissions in the medical report.

Some of these errors are repeated throughout the report. Is it sufficient to highlight the discrepancies where they first appear or should I also highlight the repeated errors.

YT

Thank you, Gordon.
There are several 'clerical' errors, e.g. incorrect dosages of medication, referring to me in the wrong sex etc. I had not intended to highlight these.

Some errors are misinterpretations/misunderstandings of what I said.

Many errors are where a word or phrase has been omitted, completely altering the tone of the statement.

Some things I said at the assessment had not been noted. Again giving a different flavour to the statement, when read by a Decision Maker.

Some facts at the assessment were not noted.

Some things I did not say at all, but what has been written would not be interpreted to my benefit.

YT.