IB/ESA - Notice of phone call from Decsion Maker

I was on IB and recently attended an ESA medical assessment with ATOS which was a nightmare. The doctor was twisting things I was saying and was cutting me short when I tried to explain my health problems to him. Today I received a phone call from someone from the DWP asking if I will be available on Monday afternoon for a phone call from a DWP Decision Maker.

I had heard of people getting phone calls after assessments, but usually without any notice, when they have been granted ESA. I asked if it meant I had not been awarded ESA, but the person said that no decision has been made yet.

I am getting mixed advice about this so would welcome anyone's experience of getting advanced notice of a phone call.

Maxi wrote: I was on IB and recently attended an ESA medical assessment with ATOS which was a nightmare. The doctor was twisting things I was saying and was cutting me short when I tried to explain my health problems to him. Today I received a phone call from someone from the DWP asking if I will be available on Monday afternoon for a phone call from a DWP Decision Maker.

I had heard of people getting phone calls after assessments, but usually without any notice, when they have been granted ESA. I asked if it meant I had not been awarded ESA, but the person said that no decision has been made yet.

I am getting mixed advice about this so would welcome anyone's experience of getting advanced notice of a phone call.

Hi M,

Welcome to Benefits and Work

It is true that DWP ESA DM's do sometimes contact claimants by telephone after a F2F Assessment, where they are considering making a fit for work decision.

We have heard from several members where this has occurred.

You do not have to take this phone call, however it may be to your advantage if you can offer any oral evidence that may sway the DM in your favour.

Of course, I cannot be sure that this is the actual purpose of the call.

In any circumstance, you would have to be notified in writing of the final decision, and any such decision does carry your right to appeal it, if necessary.

In preparation for the DM's call you may wish to read through our ESA Claims Guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

You could also have a look through The WCA Handbook near the bottom of the same page, and even though you have already had your F2F, this FAQ may be enlightening :

ESA Medical – What to expect

See also :

Qualifying for the WRAG

&

Qualifying for the Support Group

From our : ESA FAQ’s

Although you may consider that it is too late to read the above information, it may help you to provide compelling evidence to the DM that you have previously overlooked.

Please return to update us.

bro58

Hi bro58, thank you for your welcome and advice.

I joined this forum over a year ago in anticipation of moving from IB to ESA and have found your guides to be excellent, and used them, giving as much information as I could, when filling in the ESA50 form (new version) earlier this year.

I have started listing additional information which I think may be helpful and to explain some things from my assessment better, as I have a strong feeling that the doctor who assessed me has not written everything down which I told him, so I am afraid that I am not expecting any good news.

His whole manner was hostile and I felt as though it was an interrogation rather than an assessment so I did start to write things down while they were fresh in my memory as soon as I got home after the assessment, as I had to keep correcting him that I could not do things repeatedly, when he was stating that I could do certain things.

I will update you .... whether it be good news or bad!

Maxi wrote: Hi bro58, thank you for your welcome and advice.

I joined this forum over a year ago in anticipation of moving from IB to ESA and have found your guides to be excellent, and used them, giving as much information as I could, when filling in the ESA50 form (new version) earlier this year.

I have started listing additional information which I think may be helpful and to explain some things from my assessment better, as I have a strong feeling that the doctor who assessed me has not written everything down which I told him, so I am afraid that I am not expecting any good news.

His whole manner was hostile and I felt as though it was an interrogation rather than an assessment so I did start to write things down while they were fresh in my memory as soon as I got home after the assessment, as I had to keep correcting him that I could not do things repeatedly, when he was stating that I could do certain things.

I will update you .... whether it be good news or bad!

O.K. M,

It is good that you have used our guides.

As with all members who submit their first post on the forum, we have to work under the assumption that you may also be a new member.

You are doing the right thing in preparing for the call.

As it appears that The DM now has the ESA85 Medical Report compiled by the ATOS HCP at the F2F, you could request it whilst on the phone.

We also advise that you back up any verbal request with a written one.

ESA medical – what forms to ask for?

There will definately be an ESA85, and an LT54, there may also be a Decision Makers score sheet, and an ESA113 if one was sent to your G.P.

You may wish to request "ALL" documentation that was used in coming to the decision.

ESA Forms

You can either make the formal written request by letter citing that it is a SAR under The Data Protection Act 1998, or you can use the SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Any SAR should be posted in its own envelope, addressed : FAO The Data Controller, to the address of the Benefits office dealing with your ESA.

It will help further if you write DPA 1998 SAR in the front, top, left of the envelope.

Sending Documents to the DWP or ATOS

Once received they have 40 calender days to comply.

Good luck for Monday.

Hopefully, you will return with good news !!!

bro58

Thank you bro58, that is so helpful of you to supply those links.

I will definitely read up on the information and links in your last post ..... I had only ever read the notes on preparing for medical assessments.

I have been so stressed since getting the phone call, but you have helped to make me feel stronger now that I know what to do and ask for.

Thank you once again!

Hi M,

As an afterthought, if you have the facility/equipment to record the phone call, it may help.

It is so easy to forget what has been said in a telephone conversation, even after only a few minutes.

You could then listen to it afterwards, for your own personal reference purposes.

bro58