IB to ESA checklist query

Thanks you Gordon, I will have another thorough look at the guides. I will send everything with my ESA50, though I doubt if my GP report will be ready for then as he's still on holiday. From reading other posts, I understand that I may be able to submit it at a later date?

Regards, Teri

Teri wrote: Thanks you Gordon, I will have another thorough look at the guides. I will send everything with my ESA50, though I doubt if my GP report will be ready for then as he's still on holiday. From reading other posts, I understand that I may be able to submit it at a later date?

Regards, Teri

Hi T,

Yes, that's right.

If you obtain any evidence after returning The ESA50, you can forward copies on to ATOS at the same address.

You could also send copies FAO The ESA Decision Maker at the Benefits Office address on any of your ESA letters.

You could also take copies to a face to face assessment, (if you have to have one), and give them to the ATOS HCP.

Put your Name, DOB and NI Number at the top of all separate pages, and include a covering letter stating that you wish this fresh evidence to be taken into account in addition to The ESA50.

Sending Documents to the DWP or ATOS

bro58

Can I just ask - Are GP's used to writing reports for ATOS? and do I have to ask him to mention just the problems which would cause 'a serious risk to my physical health if I was found capable of work.' or is it better to ask for a fully inclusive report of all my problems?
Thanks again.

Teri

Teri wrote: Can I just ask - Are GP's used to writing reports for ATOS? and do I have to ask him to mention just the problems which would cause 'a serious risk to my physical health if I was found capable of work.' or is it better to ask for a fully inclusive report of all my problems?
Thanks again.

Teri

Hi T,

Unfortunately more and more G.P.'s are refusing to provide letters of support or reports for patients/ESA claimants.

They are not contractually obliged to do so, even if you offer to pay.

If you are lucky enough to have a willing supportive G.P., then it would help if they could tie in the limitations that you suffer as result of your medical conditions with the qualifying WRAG and/or SG descriptors, and/or Exceptional Circumstances Rules. (ESA Regs 29 & 35)

Many G.P.'s do not have an understanding of how the ESA WCA works. Therefore although you should not lead them or "put words into their mouths", it may help if you print off the WRAG and SG Descriptors for their reference, along with ESA Regs 29 & 35.

WRAG (LCW)Schedule 2 Descriptors

SG (LCWRA)Schedule 3 Descriptors

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

If your G.P. is reluctant to comply with any such request, then any form of positive supportive letter "Should" help.

bro58

Hi T,

If your G.P. is unwilling to provide you with a letter or report, then you can request copies of your G.P. records at reception.

There will be a charge for this, and you should allow time for them to comply.

You could then copy and use any relevant extracts from your records as supportive evidence. :

Requesting your medical records

bro58