ESA Appeal - Documentation Clarification

welshlass wrote: Hi
Just a quick update. The WFI was not too bad an experience. I got very upset having to go over again 28 years of illness and disability but the advisor was very good, made some helpful suggestions, checked on the progress of my appeal and does not want to see me for 6months (by which time I might have had my appeal!). I think compared to many peoples WFI mine was a good one and I would hope that other members will have the same experience in the future.

Thanks for the positive update wl,

Please let us know how things progress.

bro58

Hi
Still trying to gather evidence for my appeal!
Today a letter arrived from my MP who has contacted the DWP on my behalf. The letter states that the DWP used my ESA50 form and medical evidence from my GP to make my award. My GP confirms that the DWP have not requested any information from him, so who's information have they used?
I enclosed a copy of my repeat prescription with my original claim- could this be the evidence they refer to.
The benefit office have still not supplied the information requested under the access to information letter, so I will threaten the ICO as previously advised.
Anyway, my question is do you think I should send a copy of the MP's letter and reply to him from the DWP as evidence for the appeal? Is it not considered some form of maladministration?
I am being worn down but am determined not to give up!

welshlass wrote: Hi
Still trying to gather evidence for my appeal!
Today a letter arrived from my MP who has contacted the DWP on my behalf. The letter states that the DWP used my ESA50 form and medical evidence from my GP to make my award. My GP confirms that the DWP have not requested any information from him, so who's information have they used?
I enclosed a copy of my repeat prescription with my original claim- could this be the evidence they refer to.
The benefit office have still not supplied the information requested under the access to information letter, so I will threaten the ICO as previously advised.
Anyway, my question is do you think I should send a copy of the MP's letter and reply to him from the DWP as evidence for the appeal? Is it not considered some form of maladministration?
I am being worn down but am determined not to give up!

Hi wl,

I doubt that the copies of the repeat medication that you sent with your ESA50 would be classed as, "medical evidence from my GP".

If The DWP/ATOS do contact ones G.P., Re : ESA it is generally in the form of an : ESA 113 Questionnaire

I am sure your G.P. would know if they had filled one of these in.

We see incorrect statements such as this in ATOS ESA Medical Reports, as the phrases are generated electronically by the LiMA software that they use.

A common one, is that a "MED 3" (fit note) was referred to, when the claimant is quite sure that they have never had a fit note from their G.P. to send to The DWP.

It seems that the ATOS HCP's are not bothering to amend these electronically generated phrases to suit the particular circumstances of the claimant.

You could send a copy of The M.P.'s letter along with a challenge to produce the "medical evidence from my GP" that they are referring to.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Sending Documents to the DWP or ATOS

Don't let this issue totally take over your appeal, as the important thing is to show how and why you qualify for The SG.

bro58

Thanks
If they had taken the time in the first place to contact my GP and Consultant I am sure I would not be in this position, but I am so the battle continues!
I will keep you informed.

Just to confuse matters.
On my form back from ATOS last year, it stated my Med 113 was dealt with via a phone call to the surgery.
No such action had been received from my GP Practice, a pure fabrication of ATOS.

I am still awaiting my next ESA to complete, as it is now overdue, but I am in no hurry to remind them. No doubt after this message, it will plonk itself on the door mat tomorrow morning.

Good luck