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ESA Health Assessment (writing notes)

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7 years 11 months ago #163999 by Sue C
Husband has his ESA Health Assessment today. We decided to travel by train as there is little parking there and at least he can move around on the train and use the toilet.
I asked for the travel expenses form when we booked in and was told I had to wait till after the assessment. Someone else came in and asked and was given a form so I got up and asked again and was given a form. I also asked for paper to write notes which I was given.
Had the assessment and she was literally firing questions at my husband and was very abrupt at times. Said have you got your medication which I stared getting out the bag and she says I don't need to see it but then changes her mind. My husband hadn't bought the boxes but I had for 1 of them so she looks at the 1 box and says where are the boxes. He said he didn't know he had to bring them all so said the prescription slip was in the bag which she read but complained that the boxes should've been included. From the start of the assessment I was writing notes of the questions asked the after about 25 mins she says what are you writing? I said the questions and she got quite angry and said you can't write notes and I replied that I thought you could and there was nothing in the letter that said you can't. She went onto say that you can't make a note of her name or record the meeting as it was illegal. I said that I was aware that you can't record a meeting. My husband said will this go against me and she said yes it could and I have to make a note of it.
Could this mean he will lose of the grounds of me making notes ?
He's currently on the support group and convinced he will come out with nothing.
Also how soon is the report available ? :huh:

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7 years 11 months ago - 7 years 11 months ago #164009 by slugsta
Replied by slugsta on topic ESA Health Assessment (writing notes)
HI Sue and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm sorry you and your husband are going through this :(

Although an assessment can be stopped if the claimant is found to be carrying out a covert audio-recording, there is no reason why someone should not take notes of the proceedings. The assessor's name will be on the report, a copy of which you are entitled to have, so it is hardly a secret!

You can request the report whenever you wish but you might be told that it will not be sent until a decision has been made.

May I suggest that you bookmark/favourite this on your web browser now so that You can find it easily in future? This will allow you to return with further questions or comments about your husband's ESA claim. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by slugsta.
The following user(s) said Thank You: Sue C

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7 years 10 months ago #164540 by Sue C
Replied by Sue C on topic ESA Health Assessment (writing notes)
So we got the report back today and the assessor has told so many lies ! How are they allowed to get away with this ???
She asked to do tests and husband said no to most stating it would cause pain etc. He did slide back into the couch and she hit is knee to test reflexes and moaned he wasn't relaxed because he didn't jerk ! Reason is he has muscle damage due to polymyositis
Stated she did a romberg test which she didn't. Said he reached up and took his hat off and also bent to to pick something up of the floor, again he didn't.
He was absolutely distraught this morning when reading it. Her report makes him sound like a healthy man which he isn't
So cross!

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7 years 10 months ago #164550 by Gordon
Replied by Gordon on topic ESA Health Assessment (writing notes)

Sue C wrote: So we got the report back today and the assessor has told so many lies ! How are they allowed to get away with this ???
She asked to do tests and husband said no to most stating it would cause pain etc. He did slide back into the couch and she hit is knee to test reflexes and moaned he wasn't relaxed because he didn't jerk ! Reason is he has muscle damage due to polymyositis
Stated she did a romberg test which she didn't. Said he reached up and took his hat off and also bent to to pick something up of the floor, again he didn't.
He was absolutely distraught this morning when reading it. Her report makes him sound like a healthy man which he isn't
So cross!


You can try writing to the Decision with your concerns, but they tend to ignore any communications once the assessment has been made, but you have nothing to lose, otherwise you will have to wait until the Decision is made.

You can make a complaint about the assessor to Maximus but I would wait until the Decision has been made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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