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Who is a valid medical professional?

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7 years 1 month ago #209300 by Prudent
Who is a valid medical professional? was created by Prudent
I am currently being reassessed for ESA. I had filled in the form and returned it with supporting evidence, to the DWP. Last time I had confirmation of receipt, but nothing this time. I phoned to query why and was told the process had changed and forms were no dealt with by the medical assessment centre. My question is in relation to the process at the centre.

I phoned the assessment centre was told that they had received and looked at the form. Unable to decide whether I needed an assessment, a home assessment or no assessment they had sent a 113 form to my GP. I know from previous comments by my GP that he finds it impossible to fill the forms in within the timescale. I asked why the form had not been sent to my Community psychiatric nurse as she is the person who knows me best and it was her contact I had given in the relevant box. She had also sent in a supporting letter with my ESA 50. I was told that a CPN is not a 'valid medical professional' and is just like an unqualified support worker. I asked him to check her letter which clearly stated she is a mental health nurse. He repeatedly tried to put me off saying he would have to check my file which was in a big pile. Several times he used the phrases' heavy workload' 'experiencing work related stress' and 'very busy'.He even expressed the opinion that I would have never experienced work related stress. I found that patronising, inappropriate and baffling as my medical evidence clealry states that it was my demanding professional role that had repeatedly triggered my mental illness. I continued to insist he check and after 43 minutes on hold he had my file.

After more discussion he agreed to send a 113 form to my CPN. He has given my CPN until just next week to return it. I explained my CPN is on holiday this week and that doesn't give her much time, but he was unwilling to extend the deadline.

After the call I contacted the community mental health team and my GP's surgery. My GP has not actually been sent a form. The recptionist was very helpful and took time to check various files and in/out trays.The community mental health reception told me that a CPN's evidence is usually accepted.

I would be very grateful if you could tell me who the DWP consider 'valid medical professionals'? , I would also like to know where I stand if the assessment team claim they have sent forms, but these forms have not been received by the people tasked with filling them in?

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7 years 1 month ago #209310 by Gordon
Replied by Gordon on topic Who is a valid medical professional?
Prudent

I can't find anything that defines what are acceptable Health Care Professionals for an ESA113 to be sent to, I can't see why your Psychiatric nurse would not be appropriate contact.

On the wider question of an ESA113 being issued, there is no legal requirement for this to be done, you could certainly argue that failing to contact your HCPs weakens the content of any report that they produce but it certainly does not invalidate it.

Historically, the issuing of an ESA113 has been highly contentious, the last data that I am aware of indicated that the form was issued in only 25% of claims and far more worryingly. only returned by about 25% of doctors and many of them made no real effort to complete the form, simply replying "yes", "no" or most often "I don't know".

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Prudent

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7 years 1 month ago #209315 by Prudent
Replied by Prudent on topic Who is a valid medical professional?
My GP's receptionist advised me to phone in again next week to check if the form has arrived with them. I will also contact my CPN next week to see if she has received the form. Given that the deadline is 9th April I think it possible that neither the doctor or the CPN will be able to complete and return the forms on time. I am wondering what my next step should be if this is the case? Are claimants penalised because their medical team is unable to supply information?

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7 years 1 month ago #209322 by Gordon
Replied by Gordon on topic Who is a valid medical professional?
Prudent

So from a previous post you say that your nurse has written a letter in support of your claim, I suspect that this will be more important than what might be covered by an ESA113.

No you won't be penalised if no one is able to return the ESA113s but it will make a face to face assessment much more likely.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Prudent

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