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Medical without ESA50?

  • Ricardo
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13 years 9 months ago #20112 by Ricardo
Medical without ESA50? was created by Ricardo
Anyone else heard of this? , as have looked through forums but can't find an exact Match.

A friend just won his ESA appeal on the 10th May , gaining 18 points instead of the 6 awarded by DWP .

He has been paid his owed amounts of the WRAG component, and received an updated award letter (on Friday).

In the same post he has received a letter from ATOS telling him to telephone them within 2 days to arrange a medical.

On phoning , yet again , was told that he had to attend and that they would not tell him what medical it was .

He is eligible for pension Credit so it cant be the work related Health assessment.

I know the DWP can recall for medicals in theory every 3 months(Friend's previous medical was 11 months ago), but wouldn't this require the filling in of a current ESA50.

His condition has worsened since the previous medical so we are hoping he will be awarded more points (if indeed it is the LCW), but he is scared to go through the whole process again immediately after getting the success at the Tribunal.

I have looked through the guides , and elsewhere but cannot find explicit info that a medical has to have an accompanying ESA50.

Any thoughts gratefully received.

Rich

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 9 months ago #20138 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Medical without ESA50?
Hi Rich,

As far as I'm aware, if Atos Medical Services want to carry out a medical examination, they have to tell the claimant what it's in connection with.

Your friend needs to contact Atos and speak to a supervisor.

Good luck to him.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Ricardo
  • Topic Author
13 years 9 months ago #20149 by Ricardo
Replied by Ricardo on topic Re:Medical without ESA50?
Hiya Jim ,
Thanks for that .

Instead of phoning ATOS he has phoned ESA , who after referring to a "manager" there discovered that it was in fact the Work Related Health Assessment.

On querying the fact that as he was 62 , he was exempt , worryingly the reply was that he could do it if he wanted to.
There was no suggestion that THEY had made an error .

This in itself worries me in that DWP could be sending out both award letters that state the next step is a work related health assessment , and getting ATOS to send letters out requesting that the claimant responds within 2 days to arrange a medical otherwise their benefits could be stopped , to people who are in fact exempt.

DWP stated that they are going to contact ATOS to cancel the appointment and he will get written confirmation from ATOS .

Phew
Rich

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