- Posts: 92
× Members
ESA
- Lorraine
- Topic Author
- Offline
Less More
8 years 1 month ago #155080 by Lorraine
ESA was created by Lorraine
Hi can you confirm that if my report has been sent back to DWP after me completing the medical questionnaire and sending in medical evidence ( and using your help guides every step of the way) that I won't need a medical?hooeni have sent this in the correct way
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
8 years 1 month ago #155101 by slugsta
Yes, if your file has been returned to DWP without a face2face assessment then it is most likely that you will not need one. This would mean that you cannot be found 'fit for work'.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA
Lorraine wrote: Hi can you confirm that if my report has been sent back to DWP after me completing the medical questionnaire and sending in medical evidence ( and using your help guides every step of the way) that I won't need a medical?hooeni have sent this in the correct way
Yes, if your file has been returned to DWP without a face2face assessment then it is most likely that you will not need one. This would mean that you cannot be found 'fit for work'.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Lorraine
- Topic Author
- Offline
Less More
- Posts: 92
8 years 1 month ago #155154 by Lorraine
Replied by Lorraine on topic ESA
Can the medical health providers have sent it back to DWP for any other reason and can DWP go against them and ask them to do a face to face? I am so paranoid and worried I can't settle DWP keep telling me they haven't heard from them but they have told me 3 times file had gone back sorry for rant!
Please Log in or Create an account to join the conversation.
- Lorraine
- Topic Author
- Offline
Less More
- Posts: 92
8 years 1 month ago #155155 by Lorraine
Replied by Lorraine on topic ESA
Lorraine wrote: Hi can you confirm that if my report has been sent back to DWP after me completing the medical questionnaire and sending in medical evidence ( and using your help guides every step of the way) that I won't need a medical?hooeni have sent this in the correct way
Please Log in or Create an account to join the conversation.
- Lorraine
- Topic Author
- Offline
Less More
- Posts: 92
8 years 1 month ago #155168 by Lorraine
Replied by Lorraine on topic ESA
Hi can DWP overturn health providers non f2f medical. I am paranoid about the whole thing as I had an awful experience first time I claimed. They sent everything back to DWP on 11 march but so far DWP say nothing on their system it's all so worrying.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51144
8 years 1 month ago #155180 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Lorraine
There are only two reason that your file would be returned to the DWP;
You failed to participate in the process by either failing to return the ESA50 of you did not attend an assessment when requested.
This is obviously not the case as Maximus have confirmed they have your ESA50 and have told you that no face to face assessment is required.
OR a recommendation on your claim has been made without the need to see you, which appears to be the case.
The Decision Maker does have the option of sending your file back for an assessment to be carried out, but I have never heard of this happening. In order for your file to be sent to the DWP without a face to face there must be very clear evidence that you meet the criteria for an award and as the DM is not medically trained, there would have to be a fundamental error in that recommendation for it to be ignored.
Gordon
There are only two reason that your file would be returned to the DWP;
You failed to participate in the process by either failing to return the ESA50 of you did not attend an assessment when requested.
This is obviously not the case as Maximus have confirmed they have your ESA50 and have told you that no face to face assessment is required.
OR a recommendation on your claim has been made without the need to see you, which appears to be the case.
The Decision Maker does have the option of sending your file back for an assessment to be carried out, but I have never heard of this happening. In order for your file to be sent to the DWP without a face to face there must be very clear evidence that you meet the criteria for an award and as the DM is not medically trained, there would have to be a fundamental error in that recommendation for it to be ignored.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris