ESA decision - "needs more information"

So... ten days after my ATOS assessment I've just received a form IBM270 that states that JCP have "looked at all the information I gave them on my ESA50 and during my medical assessment" and they say "I may not be entitled to ESA". They are asking if there's anything "I think they have not taken into account", and I have 17 days from the date of the letter (the 3rd) to send such information through. What shall I do now (other than contact CAB or similar and my GP). Help! Also, has anyone else here been in the same position?

Hi,

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This sending of an IBM270 Form by the DWP DM, where a fit for work decision is being considered after a face to face, is something that I have not heard of on the forum previously.

We are aware that DWP Decision Makers sometimes telephone a claimant if they are considering a fit for work decision to see whether the claimant can offer any further evidence.

See below, for potential sources of advice :

Where to get advice?

You need to provide evidence that you either qualify for The WRAG or The SG of ESA.

Did you use our guides to fill in your ESA50 Questionnaire ? if not I would suggest that you consult the relevant ones now. (Depending on whether you filled in the "Old" ESA50 03/11 or the "New" ESA50 01/2013)

Both sets of guides can be found on this page :

ESA Claims Guides

See also :

Qualifying for the WRAG

Qualifying for the Support Group

And, even though you have already had your face to face :

ESA Medical – What to expect

From our : ESA FAQ’s

If you did use our guides, and feel that you have already provided relevant information, you should reiterate how and why you feel that you qualify.

It would help further, if you had access to the ATOS HCP's ESA85 Medical Report, to see what recommendations were made, you could request this, however, as you only have around 17 days to complete and return the extra evidence, there is no grantee that you would receive it in time.

You can request the ESA85 by ringing the DWP :

ESA medical – what forms to ask for?

Plus, it would seem that the DM has not actually made the decision yet

Please reply to this topic if you have any further queries.

bro58

Hi bro58, thanks for that. From what I can work out from another forum, it seems this is a new intermediate step, especially for those like me who do not give a phone no. to DWP/ATOS. I noticed that the tickybox regarding any doctor's note remained unticked, despite me bringing written evidence from my GP to the ESA50. Also, I can assume that the ESA85 has not yet been issued and won't be until the DM makes their decision. I've made a provisional appointment to see my GP on Tues 16th, and will be at the medical centre anyway the following day so with a bit of luck I should be able to get a newer (and better!) supporting letter by the deadline (the form will be returned by recorded delivery as always). Also wondering what other evidence I need to add?

The guides, by the way, have been great... seen me through before and as ever went by the book this time. Priceless information.

Henry Chinaski wrote: Hi bro58, thanks for that. From what I can work out from another forum, it seems this is a new intermediate step, especially for those like me who do not give a phone no. to DWP/ATOS. I noticed that the tickybox regarding any doctor's note remained unticked, despite me bringing written evidence from my GP to the ESA50. Also, I can assume that the ESA85 has not yet been issued and won't be until the DM makes their decision. I've made a provisional appointment to see my GP on Tues 16th, and will be at the medical centre anyway the following day so with a bit of luck I should be able to get a newer (and better!) supporting letter by the deadline (the form will be returned by recorded delivery as always). Also wondering what other evidence I need to add?

The guides, by the way, have been great... seen me through before and as ever went by the book this time. Priceless information.

Hi,

It looks like this may be a procedure that we were not previously aware of.

The DM will have The ESA85 Medical Report now.

It is generated by the assessing ATOS HCP at the time of the face to face, and is sent to The DM electronically.

If you feel that you have already provided compelling evidence, it looks like the DM is giving more consideration to the ATOS HCP's medical report, therefore overriding the evidence that you provided.

I don't know, as I have never come across an IBM 270, but the "doctor's note" may refer to a fit note/Med3 rather than a letter of support.

Don't forget, the important issue is to show how you fulfill the qualifying descriptors, rather than how ill you are.

If you took further evidence to the face to face, the ATOS HCP is supposed to read it.

If you feel that this has not been taken into account, you should copy the DM in on it, and any other extra evidence.

bro58

Hi,

Just to add,

If the ATOS HCP's recommendations in the ESA85 Med Report,(which it would seem are "fit for work") are contradictory to evidence that you have provided, they are also supposed to provide written comment in an ESA85S (PSS) Report which is an add-on to The ESA85, to justify any such contradictions.

bro58

Hi,

I am not advising that you should, but even though you have not provided the DWP with a phone number, (which is your right), this "may" be a situation were it would be to your advantage to try and speak to the DM over the phone. (you could bar them from being able to retrieve your number before ringing)

It is of course your choice.

bro58