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EMP Examinations for the WCA and Head Injuries

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7 years 5 months ago #170863 by Crazydiamond
Is it still the case that an ESA work capability assessment for a person with epilepsy as a result of a head injury, is to be carried out by a doctor rather than a 'lesser' healthcare professional?

I know that this used to be the case, but despite searching all afternoon for the relevant info, I have hit the proverbial brick wall and cannot find the appropriate reference, if of course, the requirement still applies?

Perhaps you can point me in the right direction with this query?

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7 years 5 months ago #170872 by slugsta
Hi CD, nice to see you.

I think this seems to be treated more as a suggestion than a rule these days! I suspect Gordon knows where the document can be found, if it is still in the public domain. Hopefully he will be along soon.

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7 years 5 months ago #170881 by Gordon
CD

As far as I am aware this was a clause in the contract between the DWP and ATOS, I assume it is replicated in the one with Maximus as we do regularly hear from members who have had their assessment cancelled on the day because they need to be seen by a doctor, however, we have also seen members assessed by a physio with conditions that are on the list so it's not clear how much it is being enforced.

A quick search found the following on What Do They Know, a more careful search may find a more detailed response and possibly a newer one.

www.whatdotheyknow.com/request/esa_assessment

Gordon

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The following user(s) said Thank You: Crazydiamond, slugsta

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7 years 5 months ago #170888 by Crazydiamond
Replied by Crazydiamond on topic EMP Examinations for the WCA and Head Injuries
Thank you for the information Gordon.

I suspect that the list will be similar under Maximus, but the only way to conclusively find out would be to submit a renewed FOI request. However, there is a section for me which could prove to be helpful, if indeed it is still applicable!

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The following user(s) said Thank You: Gordon

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7 years 5 months ago #170896 by poppysammy
Replied by poppysammy on topic EMP Examinations for the WCA and Head Injuries

Crazydiamond wrote: Is it still the case that an ESA work capability assessment for a person with epilepsy as a result of a head injury, is to be carried out by a doctor rather than a 'lesser' healthcare professional?

I know that this used to be the case, but despite searching all afternoon for the relevant info, I have hit the proverbial brick wall and cannot find the appropriate reference, if of course, the requirement still applies?

Perhaps you can point me in the right direction with this query?


The problem is the DWP/DM will usually use one or more of the following excuses! The Health Care Professional at the assessment reported that you described to deal with different specialists dealing with your care without problems and received no treatment for impaired mental health.The Health Care Professional observed that you coped with your assessment without the need for prompting and had adequate eye contact and concentration.

Having considered all available evidence I place greater weight on the evidence of the Health Care Professional who conducted your assessment (Now the key Point) as they are a Trained Disability Analyst with knowledge of your conditions and how they are likely to affect your day to day activities.

Epilepsy isn't considered a serious condition by the DWP!
That's not to say you don't qualify for ESA you will need to prove how you meet the descriptors.
Go to page 289 in the following link ....... The page number might be different if you are using a P.c/ laptop. Hot links don't work on my iPad hence scroll to page 289.... www.gov.uk/government/uploads/system/upl...dical-conditions.pdf
You will need to cherry pick what you know applies to your conditions! However,be honest if your condition varies/fluctuates then say so. Goodluck.

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7 years 5 months ago #170921 by Gordon
poppysammy

The guide you have linked to is for DLA/AA, it is not used for ESA. :(

Gordon

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