ESA - mental health problems not in ESA form50?

bisley wrote: My relative has both physical and mental health problems. Unfortunately, he has never accepted that he has mental health problems. Over the years we have contacted his G.P.s. and the local mental health team and been told they cannot do anything unless he co-operates. He, accordingly, has had no diagnosis or treatment of his mental health problems.
His G.P.'s records should ,presumably, refer to our complaints of his mental health problems. It should also say that he refused to go to his G.P. or even initially be admitted to hospital for his physical problems.
He will agree that his physical problems are included the esa form 50 but will not agree to include his mental health problems.
If we include supporting family statements of both physical and mental health and the G.P. includes reference to the history of family complaints, will the DWP assess his eligibility for mental health criteria even though it is not claimed in the ESA form 50?

I will be honest and say that whilst it is not impossible, I think it unlikely that a full appreciation of his mental health issues will be considered.

You do not say whether your relative is already in receipt of ESA, IB, etc., or whether this is a new claim for ESA. This could be important because if they have a documented history of mental illness with the DWP, it may well alter the way that they are assessed.

So if he is already in receipt of a benefit, ATOS may take account of the missing information from the ESA50 and if they assess them, do so with an assessor with specific training in mental health.

However, if they are not already in receipt of a benefit then ATOS will likely asses them based on the content of their ESA50.

Most MH assessments by ATOS staff are not done by staff with a mental health background although they will have attended the Disability Analyst training in this area, so they may not have the experience to understand a MH condition that the claimant is not admitting to.

If the MH section of the ESA50 is not completed , then they may not seek further information in this area.

A lack of diagnosis and treatment will not count in their favour.

On the assumption that the person in question does not have someone appointed to act on their behalf, you may struggle to get access to their medical records, although it would still be worth trying to contact their GP in regard to this.

Have you tried to get assistance from a trained advisor, I believe several of the MH charities can in some circumstances provide assistance, it would be worth checking their web sites.

Where to get advice?

Gordon