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ESA - mental health problems not in ESA form50?
- bisley
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10 years 9 months ago - 10 years 9 months ago #108132 by bisley
Replied by bisley on topic ESA - mental health problems not in ESA form50?
My relative's esa form 50 was returned to ATOS 2 days ago. In the form, in the section concerning face-to-face assessment, a request has been made for a home assessment because my relative cannot tolerate change and also for it to be postponed and/or waived pending my relative obtaining specialist consultant reports in respect of both physical and mental health .
The new G.P. has said that he supports this but will not write a letter until we hear from ATOS. I seem to remember reading on here that a medical letter should be sent in support at the time of the request. I am concerned that ATOS will simply contact my relative to say that he must have the usual face-to-face assessment. Can you please let me know the correct procedure.
I have contacted my relative's M.P. and he has said that he cannot do anything until I have had a response from ATOS.
The new G.P. has said that he supports this but will not write a letter until we hear from ATOS. I seem to remember reading on here that a medical letter should be sent in support at the time of the request. I am concerned that ATOS will simply contact my relative to say that he must have the usual face-to-face assessment. Can you please let me know the correct procedure.
I have contacted my relative's M.P. and he has said that he cannot do anything until I have had a response from ATOS.
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #108150 by Gordon
I am not sure that there is a procedure for this, it would make sense to provide all of the information up front but sense and ESA assessments do not always go together.
It is possible that ATOS will send an ESA113 to the GP requesting more information, one of the questions on this is whether a home medical is required, however ATOS are not required to do this, and usually do not.
If they do not issue an ESA113 then the most likely scenario is that they will contact you to say that they cannot grant a home medical without additional evidence, and you will have to go back to the GP for a letter.
Our experience is that these conversations are most likely to happen over the phone when ATOS try and arrange an appointment, if the call is missed or not taken, then they will revert to writing to the claimant, at this point it is most likely that they will book an appointment at an assessment centre, which you will then have to re-arrange.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - mental health problems not in ESA form50?
bisley wrote: My relative's esa form 50 was returned to ATOS 2 days ago. In the form, in the section concerning face-to-face assessment, a request has been made for a home assessment because my relative cannot tolerate change and also for it to be postponed and/or waived pending my relative obtaining specialist consultant reports in respect of both physical and mental health .
The new G.P. has said that he supports this but will not write a letter until we hear from ATOS. I seem to remember reading on here that a medical letter should be sent in support at the time of the request. I am concerned that ATOS will simply contact my relative to say that he must have the usual face-to-face assessment. Can you please let me know the correct procedure.
I have contacted my relative's M.P. and he has said that he cannot do anything until I have had a response from ATOS.
I am not sure that there is a procedure for this, it would make sense to provide all of the information up front but sense and ESA assessments do not always go together.
It is possible that ATOS will send an ESA113 to the GP requesting more information, one of the questions on this is whether a home medical is required, however ATOS are not required to do this, and usually do not.
If they do not issue an ESA113 then the most likely scenario is that they will contact you to say that they cannot grant a home medical without additional evidence, and you will have to go back to the GP for a letter.
Our experience is that these conversations are most likely to happen over the phone when ATOS try and arrange an appointment, if the call is missed or not taken, then they will revert to writing to the claimant, at this point it is most likely that they will book an appointment at an assessment centre, which you will then have to re-arrange.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 7 months ago - 10 years 7 months ago #110162 by bisley
Replied by bisley on topic ESA - mental health problems not in ESA form50?
It is 6 weeks since I last posted (and sent off the esa50 to ATOS) and I apologise to Gordon for overlooking to thank him for his last reply.
My relative's new G.P. was persuaded to write a report in support of the request in the esa form to postpone or waive the face-to-face medical assessment pending consultant medical reports being supplied and this was sent off to ATOS separately after the form50 was sent off.
My relative has now seen his lung and heart consultants, the latter of which is the most crucial. This consultant has said that he will not prepare a medical report and submit to us to check for any inaccuracies. He will only fill in any forms supplied by the DWP. I explained to the secretary that requests for medical reports are rarely sent out by the DWP. She said that the consultant asked that we ask the DWP/ATOS to supply forms for the consultant to complete. I presume that the only forms that ATOS would supply is the ESA113.
Should I supply this form (I have downloaded it from this website) to the consultant direct and ask him to send it to the name and address of ATOS knowing that we will not have an opportunity of commenting on its accuracy before it is sent to ATOS?
My relative's new G.P. was persuaded to write a report in support of the request in the esa form to postpone or waive the face-to-face medical assessment pending consultant medical reports being supplied and this was sent off to ATOS separately after the form50 was sent off.
My relative has now seen his lung and heart consultants, the latter of which is the most crucial. This consultant has said that he will not prepare a medical report and submit to us to check for any inaccuracies. He will only fill in any forms supplied by the DWP. I explained to the secretary that requests for medical reports are rarely sent out by the DWP. She said that the consultant asked that we ask the DWP/ATOS to supply forms for the consultant to complete. I presume that the only forms that ATOS would supply is the ESA113.
Should I supply this form (I have downloaded it from this website) to the consultant direct and ask him to send it to the name and address of ATOS knowing that we will not have an opportunity of commenting on its accuracy before it is sent to ATOS?
Last edit: 10 years 7 months ago by Gordon.
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10 years 7 months ago #110164 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - mental health problems not in ESA form50?
Bisley
I am afraid that claimants cannot make use of the ESA113, if for no other reason that the person completing it is entitled to payment by the DWP.
You can write to ATOS and the DWP requesting that they send the Consultant the form, and/or you could offer to pay the Consultant for them to complete a letter or report.
Failing this, your relative can check their medical records at their GP practice for any correspondence from the Consultant to their GP, it is free to do this if you are only looking at information added in the last 40 days, any copies that are made may be chargeable.
Gordon
I am afraid that claimants cannot make use of the ESA113, if for no other reason that the person completing it is entitled to payment by the DWP.
You can write to ATOS and the DWP requesting that they send the Consultant the form, and/or you could offer to pay the Consultant for them to complete a letter or report.
Failing this, your relative can check their medical records at their GP practice for any correspondence from the Consultant to their GP, it is free to do this if you are only looking at information added in the last 40 days, any copies that are made may be chargeable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 7 months ago - 10 years 7 months ago #110173 by bisley
Replied by bisley on topic ESA - mental health problems not in ESA form50?
Thanks Gordon. If we ask Atos to supply a form 113 to my relative's consultant I presume they can ignore this request whereas if the Consultant asked, they would have to do so. With regard to your suggestion that we offer to pay for a report from the consultant, what is the "going rate" for this?
Last edit: 10 years 7 months ago by Gordon.
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10 years 7 months ago #110175 by Gordon
Atos are not required to issue an ESA113 even if the Consultant were to request one, although this would something to bring up at an appeal, should one be required.
I am not sure whether Consultants are constrained by the NHS charging rules so it could be £50 or £250, if you go down this route you should make sure that you understand very clearly what is going to produced. Whilst a medical report will always have some value in regard to an ESA claim, one that simply says "not fit for work" will have significantly less value than one that says "due to condition X the claimant is unable to perform action Y and therefore meets the criteria for Descriptor Z".
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - mental health problems not in ESA form50?
bisley wrote: Thanks Gordon. If we ask Atos to supply a form 113 to my relative's consultant I presume they can ignore this request whereas if the Consultant asked, they would have to do so. With regard to your suggestion that we offer to pay for a report from the consultant, what is the "going rate" for this?
Atos are not required to issue an ESA113 even if the Consultant were to request one, although this would something to bring up at an appeal, should one be required.
I am not sure whether Consultants are constrained by the NHS charging rules so it could be £50 or £250, if you go down this route you should make sure that you understand very clearly what is going to produced. Whilst a medical report will always have some value in regard to an ESA claim, one that simply says "not fit for work" will have significantly less value than one that says "due to condition X the claimant is unable to perform action Y and therefore meets the criteria for Descriptor Z".
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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