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TOPIC: ESA Renewal and regulation 29 and 35

ESA Renewal and regulation 29 and 35 2 months 1 week ago #169163

Hi everyone
I had my WCA last week and the doctor was ok but I don't know how I did on points because I found it a bit strange,Because it wasn't like my last one I had about three year's ago the doctor seem really nice and caring.
This is what happen I had to be there for 8 50 but when I got there the door was locked me and my wife waited for like a minute and then my wife tapped on the window to the women in the office she knew we was outside because she could see us she then came and open the door and said sorry but she thought she had already unlocked it therre was two steps into the building and the woman just stared at me and my wife,My wife thought it was strange the way she was acting.
I had a bad night with my pain and didn't sleep much and i was in a bit of a mess because of the way my pain was affecting me.
She told us to sit down and gave my wife a form to fill in and for me to sign I was still in a lot of pain and she could see that I was she told us the doctor would not be long because he was reading my notes,a few more minutes went by and the receptionist came back in to the waiting room and stated tidying the magazines and trying to make conversation with me and my wife,my wife talked to her but I didn't because I just didn't feel like it because of my pain but she was trying her best to include me but i just didn't want to know,My wife then asked her for some water so I could take some more pain killers and she told us where the water bottle stand was so my wife got me some water,My wife them asked her how long would the doctor be because my pain was getting the best of me about 15 minutes had passed by now,The respsionist said he won't be long and she went in to the room where the doctor was and said something to him and the doctor came out and he made sure that I was in front of him when I walked to the room,He was a young doctor like straight out of uni but he seem nice enough
I said to him about the chairs was a bit low and that they could do with higher ones because I also get pain in my back and my knees and i found it difficult to sit down he just smile. After a few minutes I started crying with my pain and was finding it really hard because this is what my pain does to me I felt silly but I just couldn't help it,I think it was a combernation of lack of sleep as well has the pain.He was very understanding and started asking my wife the Questions and my wife was talking to him she even gave him the GP letters that we sent after we sent the ESA50 form and my wife also gave him some appoment letters to,I was still upset and in pain and he could see this and he told me he wouldn't give me a physical medical because of the way I was,I did say to him that would go against my claim and he said no it wouldnt ,He then started talking about things that he would of only knew if he saw my medical records which me and my wife thought was strange.He then said he had to leave the room to make a phone call he was gone for a few minutes which seemed longer and then came back in and asked my wife a few more questions and then he said we could go and wished me well,I was still in pain when I left and my wife went and got the car to pick me up by the door. We was in his room for about 40 to 50 minutes. I also said to him why you are asking me these silly questions when it was all on the form and in my GP letters I gave him,He said he was sorry but he had to ask them.

What I would like to know could they get hold of my medical records without me knowig.They did say when my wife phoned them that they wrote to my doctor but when I saw my doctor she said she didn't have anything from them.

Would not having my physical medical go against my claim

Would there be cameras in the room where I had my WCA so when he went out of the room he could of been watching to see if I was still in pain.

It just seemed strange because he did come a crossed caring and I have never had that before he also said he knew a little bit about my illness but he wasn't an expert.

Sorry about the long post I just wanted to share my WCA with you
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ESA Renewal and regulation 29 and 35 2 months 1 week ago #169217

  • Gordon
  • OFFLINE
  • Forum Moderator
Painblock

They can only access your medical records with your written approval.

Not everybody has a physical examination, you'll have to wait for the Decision to see whether it is a problem, but not having one would be something you can use against the report if you need to.

ESA Decision are taking about 2-3 weeks.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Painblock68

ESA Renewal and regulation 29 and 35 2 months 6 days ago #169325

Thank you Gordon for the reply
I haven't give anyone permission to access my medical records but on ESA50 form I did say they could contact any of my specialist or Doctor or my pain management team and nurse for more information if they needed to.

I didn't think of that,I just thought everyone had a physical,He did say that he could see that I was in pain and that it was his choice not to do one.

I am so worried about the decision because just like everyone that goes through this it's a nightmare and just plays on your mind and I feel that none of this is fare and I just don't trust them after last time.I had to get my local MP involved and I wrote to ATOS complaining how I was treated and the lies that they wrote about me in the report from my WCA was shocking.

Have you got any idea why the doctor went out of the room to make a phone call because I thought that was really strange ?

Thank you again for your information and help so far I do appreciate it.
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ESA Renewal and regulation 29 and 35 2 months 6 days ago #169338

  • Gordon
  • OFFLINE
  • Forum Moderator
Painblock

Giving permission to the DWP for them to contact your specialist or doctor, does not imply consent for the DWP to access your medical records, so there is nothing to worry about.

My guess as to why the assessor left the room, is that the wanted to speak to a senior assessor about whether you qualified for the Support Group, this would also be a reason for the short assessment, but I have to stress that this is just a guess although it is based on previous experience and you need to wait for the Decision.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 2 months 6 days ago by Gordon.
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The following user(s) said Thank You: Painblock68

ESA Renewal and regulation 29 and 35 2 months 6 days ago #169342

Hi Painblock68,

The DWP sometimes send an ESA113 questionnaire to your GP (similar to an ESA50 but for doctor's to give their opinion). Sometimes they ask your GP for a 'factual report' requesting more specific information.

Bizarrely, my factual report was dated the day after the decision but I presume it may be requested for the decision making or MR process.

Hope you get the right result,

Derek
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The following user(s) said Thank You: Painblock68

ESA Renewal and regulation 29 and 35 2 months 5 days ago #169415

Hi Gordon
Thank you for clearing that up in my mind,I got nothing to hide in my doctors records but if the DWP find something as a physiotherapy letter saying that it has helped my condition a little they will use it against me.

I hope your right but like you said nothing is carved in stone, its like a lottery and it shouldn't have to be like that

Thank you Gordon for all your help and advice,I guss i am playing the waiting game now.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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