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Recording Of ESA Face-to-Face Assessments
- Charlie2300
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6 years 2 months ago #226845 by Charlie2300
Recording Of ESA Face-to-Face Assessments was created by Charlie2300
Hi
I have been through the detailed guidance that you provide for the completion of the ESA50, particularly the section "Recording Your medical" (pgs 84 - 86), and I'd like to ask one or two further questions if I may.
Having advised Maximus in writing that I require that the medical be recorded (I've already made that request within a section within my ESA50, but will follow through with your wonderful standard letter), my understanding is that they are obliged to ensure that the facility is available at what is probably going to be a later appointment. All good so far They will then get back to me with a new appointment. If that date and time is not convenient because my support will not be available then, do I retain the right to request another appointment or am I stuck with it? I'm asking because my supporter is a benefits specialist who is not available in the mornings. How do I proceed?
Secondly, if I turn up at the rearranged appointment and it turns out that the recording equipment isn't there or isn't working, my inclination is to walk out and tell them I'll come back when they have made the appropriate arrangements. Can I do that without prejudicing my claim?
I want to get this right and I've no intention of letting Maximus mess me about anymore.
Thank you.
I have been through the detailed guidance that you provide for the completion of the ESA50, particularly the section "Recording Your medical" (pgs 84 - 86), and I'd like to ask one or two further questions if I may.
Having advised Maximus in writing that I require that the medical be recorded (I've already made that request within a section within my ESA50, but will follow through with your wonderful standard letter), my understanding is that they are obliged to ensure that the facility is available at what is probably going to be a later appointment. All good so far They will then get back to me with a new appointment. If that date and time is not convenient because my support will not be available then, do I retain the right to request another appointment or am I stuck with it? I'm asking because my supporter is a benefits specialist who is not available in the mornings. How do I proceed?
Secondly, if I turn up at the rearranged appointment and it turns out that the recording equipment isn't there or isn't working, my inclination is to walk out and tell them I'll come back when they have made the appropriate arrangements. Can I do that without prejudicing my claim?
I want to get this right and I've no intention of letting Maximus mess me about anymore.
Thank you.
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- Gordon
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6 years 2 months ago #226860 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Recording Of ESA Face-to-Face Assessments
Charlie
I need to correct you, Maximus is not obliged to provide the equipment but they should make reasonable efforts to do so, you have no legal right to require the assessment is recorded.
If the equipment is not available on the day and it your first appointment then you should be able to rearrange with fault although it may be considered as one of your tow opportunities to attend.
If it is the second appointment then it may be more complicated as the DWP have said that they will not accept a failure to record as Good Cause for failing to attend the assessment. Maximus may offer a new date without prompting but if they don't then you need to consider the risk to your claim.
If there are date or times that you cannot meet, then do not leave it to Maximus to book the appointment, call them and try and arrange a mutually acceptable date/time.
Gordon
I need to correct you, Maximus is not obliged to provide the equipment but they should make reasonable efforts to do so, you have no legal right to require the assessment is recorded.
If the equipment is not available on the day and it your first appointment then you should be able to rearrange with fault although it may be considered as one of your tow opportunities to attend.
If it is the second appointment then it may be more complicated as the DWP have said that they will not accept a failure to record as Good Cause for failing to attend the assessment. Maximus may offer a new date without prompting but if they don't then you need to consider the risk to your claim.
If there are date or times that you cannot meet, then do not leave it to Maximus to book the appointment, call them and try and arrange a mutually acceptable date/time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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