New questionnaire

Hello, I have received my questionnaire for re-assessment ESA as my prognosis was set at twelve months by an Attos registered nurse. My partner and I started filling in the online version a couple of weeks ago (thank goodness!), it is the correct version too, ESA50 01/13 back page cancer treatment.
I am visiting my G.P next week and my question is, when we go through my medical records, how far back, regarding documents will Attos and the DWP except as evidence? There should be records of my attempting suicide three times but this was many years ago. I have had my mental health condition for around twenty-seven years, with no improvement and I am trying to think of the best way to get this across to Attos and DWP.
I know I should be lucky only having to fill in these questionnaires every twelve months but they drain me and make my conditions worse, even thinking about the uncertainty of the future and when the next forms are coming.
I would be very grateful for any advice or information. Thank you very much.

noel wrote: Hello, I have received my questionnaire for re-assessment ESA as my prognosis was set at twelve months by an Attos registered nurse. My partner and I started filling in the online version a couple of weeks ago (thank goodness!), it is the correct version too, ESA50 01/13 back page cancer treatment.
I am visiting my G.P next week and my question is, when we go through my medical records, how far back, regarding documents will Attos and the DWP except as evidence? There should be records of my attempting suicide three times but this was many years ago. I have had my mental health condition for around twenty-seven years, with no improvement and I am trying to think of the best way to get this across to Attos and DWP.
I know I should be lucky only having to fill in these questionnaires every twelve months but they drain me and make my conditions worse, even thinking about the uncertainty of the future and when the next forms are coming.
I would be very grateful for any advice or information. Thank you very much.

Hi N,

You can use older evidence to show that your health conditions are long standing, and/or chronic/progressive.

This type of evidence could also be used to show a deterioration, if that was the case.

However, the more current the evidence is, the better.

Don't forget, it is the limitations caused by the medical conditions, and whether said limitations qualify you under the descriptors, that is important, more so than the condition itself.

Therefore, if you feel that you qualify under any of the descriptors, you can state this, and then draw reference to any relevant extracts from the records.

You will probably find that a lot of your records are pretty run of the mill, so you should try and pinpoint the extracts that will help as relevant, supportive evidence.

ATOS and The DWP will be assessing your limitations at the time that you are assessed, although as previously stated, historical evidence can help.

bro58

Thanks Bro, for your advice. At last assessment I appealed to be put in S.G, successfully. New DM decided that regulation 35 applied to me. This time around my partner and I are going to try complete the questionnaire even more thoroughly, that is why my G.P and I decided we are going to look at my medical records.
I will keep you posted on my progress, will it be alright to return to the site if I have any more questions or need help from you.
Thank you once again.

noel wrote: Thanks Bro, for your advice. At last assessment I appealed to be put in S.G, successfully. New DM decided that regulation 35 applied to me. This time around my partner and I are going to try complete the questionnaire even more thoroughly, that is why my G.P and I decided we are going to look at my medical records.
I will keep you posted on my progress, will it be alright to return to the site if I have any more questions or need help from you.
Thank you once again.

Hi n,

If you are going to cite ESA Reg 35 (2) (a) and (b), regarding substantial risk to yourself or others if you are not placed into The SG.

"35. (2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement;

and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

From:

ESA Reg 35 for entry to The SG (LCWRA)

You will first have to prove 35. (2) (a), and then provide evidence of how and why there would be "Substantial Risk" as @ 35. (2) (b)

In lay terms, substantial risk would be greater than 50%.

Where possible we advise that you use ESA Reg 35 as a back up to qualifying under one or more of the Functional Descriptors.

SG (LCWRA)Schedule 3 Descriptors

ATOS and the DWP DM will only consider ESA Reg 35 after they have come to the opinion that you do not qualify under any of the functional descriptors at Schedule 3.

It is good that your G.P. is supporting you.

Yes, feel free to re-post to this topic with any further queries.

You can Bookmark/Favourite this page in your browser, and then return to it as necessary.

This helps the Mods with continuity of advice.

bro58

Hi n,

I don't know whether I have posted these links for you previously, but here they are anyway :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

This is where posting to the one topic helps with continuity, and negates the scenario of repeat advice being given.

bro58

Hello, thank you yes you have advised me of the above before. I have learnt now how to add this post to my favourites and then come back to it, this keeps everything in one place and the story is all together. Sorry its took so long for me to work out !
I have been to my G.P and he is supporting me and he has done a letter for me. I asked to look at my medical records, but we didn't look at them, I think my G.P thinks that there may be things there for me not to see as I suffer with my mental health. I will try again by asking to make an appointment and maybe look at them with the practice manager, who is in Thursday.
My G.P has done the letter and stated which some of the descriptors apply and also in his opinion he stipulates that reg 35 applies to me also.
Just thought I would keep you updated, I hope it is allowed.
Thank you for your help so far.