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Moving from IB to ESA & how to get exempt medical

  • Sweetpea
  • Topic Author
12 years 5 days ago - 12 years 5 days ago #105586 by Sweetpea
I have been in receipt of IB since 2007, initially and was recently sent a ESA50 form to fill in to change from IB to ESA. Due to my various health conditions ( and getting DLA higher rate both components due to my various disabilities in definitely Stroke, epilepsy, IBS, Carpel tunnel syndrome, tennis elbow depression and Hyperthyroidism and require help all the time ) I got help filling in the form so was not able to do it in the deadline they gave me of 3 weeks so I did inform them I needed more time for help in filling them according to the help I receive and as some my DLA form and getting some medical reports. I never got to fill it out according to your guidelines as I’m not sure where they are and only recently registered (I would appreciate which ones I need are located moving from IB to ESA). In the meantime whilst I was still getting help, atos sent my GP surgery 113 form which I never knew about and still not sure what that contains and it was not my main GP but the other GP in the surgery who is not well aware of all my day to day needs and not very empathetic who filled it and sent it to atos and they have now put me in for the medical examination. Even though I sent my ESA50 by recorded delivery atos claim not to have received it and said to me the form and supporting won’t even be looked at now and I will be called straight for a medical. I also have not seen the 113 form the doctor filled out.

I looked at some of your information and as far as I am aware I should be exempt from and go under the support group without medical and with the supporting I evidences I sent them from previous reports under various health conditions.

My question is is there some way I can be exempt or appeal the medical? Also I am seeing my gp tomorrow what additional information can I get from them to support my claim and possibly exempt me from the medical. What would they need to say and also what else can I do to prepare for the medical in case that my attempts are rejected regardless. I will be sending them another copy of my ESA50 Please help as I ‘m not sure which way to go and how to resolve this.
Last edit: 12 years 5 days ago by Gordon.

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12 years 5 days ago #105595 by Gordon
Sweetpea

I am afraid that there is nothing in your post that suggests that any exemptions for ESA would apply, your receiving DLA Care at the highest rate has no effect on ESA, unlike IB.

If you have provided sufficient information with your ESA50 and any evidence that you have attached then it may be possible for ATOS to make a recommendation on your claim without the need for a face to face assessment, however, if one is required you must attend or run the risk of your claim being closed.

You may be able to request a home assessment if your GP will support you with explaining, medically why you cannot attend, but this is at the discretion of ATOS.

If you do have as assessment the following will give you an idea of what to expect.

ESA Medical – What to expect

I cannot comment on whether you are eligible for the Support Group, it is not condition based, you are reviewed on your ability to meet certain criteria, see

Qualifying for the Support Group

If you have more questions, please reply to this post.

Gordon

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

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  • Sweetpea
  • Topic Author
12 years 5 days ago - 12 years 5 days ago #105600 by Sweetpea
Dear gordon

thank you for the guidance do you know what information aprt from an assesment at home or exemption I should ask my GP? In the form i sent to them i sent a copy of my DLA letter from GP 2 years back so I guess i should get a recent letter of support with my conditions in more detail and the help i require as i am seeing my gp tomorrow what additional information can I get from them to support my claim and possibly exempt me from the medical.
i did have a brief look and the exemtions for far in everything physical walking , standing, mental, wetting myself etc
Last edit: 12 years 5 days ago by Gordon.

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12 years 5 days ago - 12 years 5 days ago #105603 by Gordon

Sweetpea wrote: Dear gordon

thank you for the guidance do you know what information aprt from an assesment at home or exemption I should ask my GP? In the form i sent to them i sent a copy of my DLA letter from GP 2 years back so I guess i should get a recent letter of support with my conditions in more detail and the help i require as i am seeing my gp tomorrow what additional information can I get from them to support my claim and possibly exempt me from the medical.
i did have a brief look and the exemtions for far in everything physical walking , standing, mental, wetting myself etc


It is short notice if you are seeing them tomorrow, but you need your GP to confirm your limitations in regard to the WRAG descriptors and if they feel it appropriate, the Support Group ones.

Generalised statements such as the claimant is not fit for work will be of little value, specific statements such as; the claimant is unable to walk more than x metres dues significant discomfort in their legs which is the result of xyz condition, will help your case.

The guides have details of all of the descriptors for the two groups, you could present them with a list and ask them to comment.

I am afraid there is no magic formula for avoiding an assessment, it depends on the level of information presented and the ATOS assessor looking at it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 5 days ago by Gordon.

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  • Sweetpea
  • Topic Author
12 years 5 days ago - 12 years 5 days ago #105631 by Sweetpea
Dear gordon

thank you for that I shall ask my GP to put whatever they can in detail specifically. If atos then decides to have a home assessment then what do I ask for in terms records for my copy of their assessment and if atos decides not to have a home but a medical at their place of choice what procedures do I need to follow and where can I get I ask for it to be recorded and or given copies of their assessments reports etc in case of any problems going forward regardless of all the evidences given to them?

Thank you
Last edit: 12 years 5 days ago by Gordon.

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12 years 5 days ago #105638 by Gordon

Sweetpea wrote: Dear gordon

thank you for that I shall ask my GP to put whatever they can in detail specifically. If atos then decides to have a home assessment then what do I ask for in terms records for my copy of their assessment and if atos decides not to have a home but a medical at their place of choice what procedures do I need to follow and where can I get I ask for it to be recorded and or given copies of their assessments reports etc in case of any problems going forward regardless of all the evidences given to them?

Thank you


If you have a face to face assessment, either at home or at an ATOS office, then an ESA85 medical report will be produced, if you manage to avoid one completely, then it will be an ESA85A, you can ask for a copy from the DWP about a week after the assessment, although it may take a couple of weeks to send it. You can make the request over the phone but we recommend following the request up in writing.

If you want the assessment recorded then you need to write to ATOS Healthcare as soon as possible, stating this requirement. There is a template letter in the ESA Claim guides.

If you have the address that you sent your ESA50 to then use that in preference, otherwise

Atos Healthcare,
Customer Relations
Wing G,
Government Buildings,
Lawnswood,
Leeds
LS16 5PU

Gordon

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