ESA 85 from first assessment?

Hi,

I was recently re-assessed by Maximus and have received the dreaded phone call to say I have gone from ESA Support group to JSA through receiving 0 points.

I intend to ask for a reconsideration.

I asked the decision maker during his phone call for the Assessors report (ESA85) and he said he would send an abridged version out, but I requested the full report and he agreed to send it.

Whilst I was on the phone I asked also for the original (ESA85) that they used to put me on the Support Group. He said it was unlikely that I would be able to get it due to ATOS no longer being around and not all Assessors reports are sent to the DWP.

I was hoping to use the original Assessors report in comparison to the re-assessment report, due to the fact that my medical condition is no different from my first assessment.

If it is not sent to me, is there any direction that I could take to try and track it down?

Hi Alan,

I'm sorry you are going through this

Our ESA guide should help you through the MR process along with the MR FAQS

ESA claims and appeals

ESA mandatory reconsiderations and appeals

Contrary to what you were told, I understand that all assessor's reports are sent to DWP. What other basis would the Decision Maker have for his/her decision?

You can submit a Subject Access Request for all data held in relation to previous ESA claims, or just for the last assessor's ESA85 if you prefer. DWP do destroy paperwork after varying amounts of time, but they must comply if they have the forms.

Requesting a Subject Access Request (SAR) :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

You might want to bookmark/favourite this on your web browser now so that you can find it easily in future. That will allow you to return with further questions/comments without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in the same topic - and I hope you will find it useful too

Thank you for your advice Mrs H.

I will certainly be studying those guides over the weekend!

Update: 29th June 2016

Well since my last post I have successfully signed on to JSA to keep an income stream.


My doctor has issued me with a fit note (strange term!) to refrain from work due to my condition and has said she will continue to do so until the Mandatory Reconsideration (MR) decision.

I called this morning to request a MR and was told that I should put the request in writing.

I was not aware that it couldn't be requested over the phone.

So, I shall do as requested, making sure that the letter is sent by recorded delivery.

Thanks for the pointers Gordon.