Sent for a medical before being sent an esa50-HELP

I was sent a letter from the dwp/atos last week saying they have arranged a medical for me. However I was never sent a esa50 form to fill in. When I phoned them they said this was bizarre as their protocol is to decide whether I need a medical after receiving the form. I pointed out it would also put me at a disadvantage as the form is used as well as the medical to decide if I pass or not. So they said they would send me a form to fill in. I now have a matter of days to fill it in. Really stressful and unfair. Is there anything I can do about atos/dwp not following their protocol and putting me at a disadvantage? I've been on incapacity benefit for a few years now and don't understand why this had happened like this.. Please help!

roseopal wrote: I was sent a letter from the dwp/atos last week saying they have arranged a medical for me. However I was never sent a esa50 form to fill in. When I phoned them they said this was bizarre as their protocol is to decide whether I need a medical after receiving the form. I pointed out it would also put me at a disadvantage as the form is used as well as the medical to decide if I pass or not. So they said they would send me a form to fill in. I now have a matter of days to fill it in. Really stressful and unfair. Is there anything I can do about atos/dwp not following their protocol and putting me at a disadvantage? I've been on incapacity benefit for a few years now and don't understand why this had happened like this.. Please help!

Hi ro,

The law does state that you should be given a minimum of 4 weeks to fill in and return the ESA50. Further, it is also law that a reminder letter should be sent out 3 weeks after the initial ESA50 is sent.

If they are stating that they have sent both, then that means that two letters have gone astray.

You could ask ATOS to provide administrative proof that they have sent both the ESA50 and the reminder.

Did you receive a Conversion Notice letter, and a courtesy phone call, as this is also part of the IB to ESA migration process ?

bro58

Atos said they never sent me a esa50 or anything before the medical appointmet letter. They said it was bizarre and they always do normally. What can I do now if they have broken the law? Thankyou so much for replying

roseopal wrote: Atos said they never sent me a esa50 or anything before the medical appointmet letter. They said it was bizarre and they always do normally. What can I do now if they have broken the law? Thankyou so much for replying

Hi ro,

You could e-mail ATOS, informing them that they have not given you the requisite 4 weeks to fill in the ESA50, that you have not previously received one, nor have you received a reminder letter, as you should have.

E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

You should request that they provide written evidence that they have indeed previously sent an ESA50, and a reminder letter, and that they were addressed correctly.

You could also inform them that you are going to complain to your M.P. : Contacting your MP

The IB to ESA transfer process should have been that you first received a Conversion Notice letter from The DWP telling you that "The benefit that you were receiving was changing", then a week or so later you should have received a courtesy phone call, then around a fortnight or so after the conversion notice you should have received the ESA50 giving you a date of around 4 weeks from receipt of it, to return it. Approximately 3 weeks later, you should have received the reminder letter.

If you have not had any of the above, then it would seem that something has gone wrong with your transfer process.

The problem is that ATOS simply have to provide proof that they have sent the ESA50, etc, for it to be assumed that you have received it.

You therefore have a scenario that if you don't get this problem rectified, and fail to return this ESA50 by the date that they have now given you, that your file will be returned to The DWP, and you may be found fit for work on a technicality.

You could also contact The WCA Team at the DWP benefits office that is dealing with your ESA.

Have a look at the following :

"Being transferred from incapacity benefit to employment and support allowance"

Top link on this page :

ESA Claims Guides

It may be faster and easier if you :

Use The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

bro58