Supporting evidence: How much and what kind?

Just to remind you B,

It is most important that the ESA50 is returned to ATOS, by the deadline date that they have given you.

Failure to do so may result in Mum not being awarded ESA at all.

If necessary use next day guaranteed recorded delivery, and keep a copy of your ESA50, and attach the recorded delivery slip to it.

You will then have proof that it was posted in good time.

cheers

bro58

Hi Blackout

Mum has a lot of more letters that i think she should include but she is worried as these letters focuses on other aspects of condition e.g. excessive foul flatulence rather than her main complaint (severe abdominal pain) which the letters do highlight but very briefly.

I had a similar problem with letters that did mention my main complaints to some degree but were focussing on other more minor issues - What I did was to use a hi-lighter pen on the bits that mentioned my main complaints. And on the form itself I just wrote that for ease of reference I had taken the liberty of hi-lighting the sections that I believed related to the question/descriptor on the form. (I was applying for DLA and managed to get it, so it seems that this may have been acceptable.)

Not sure what others who are more experienced than I with benefits will think about the above, but just thought I'd mention it. (If you do hi-light stuff make sure that the hi-lighter pen that you use will show up on photocopies if the DWP photocopy your letters/enclosures - some hi-lighter colours don't show up when photocopied.)

Regards

Nofuss

Blackout wrote:

My mother and I are trying to fill out her ESA50 but are finding it difficult to do so. My mother had to previously appeal when her IB claim was denied and this had a serious effect her mental wellbeing. We’re having difficultly on deciding how much support evidence to send off and what kind of letters would be appropriate.

My mother initially wanted to send off 3 of letters out of couple dozen other letters as her supporting evidence but i find this to be a stupid idea. Her reasoning for this is that those 3 letters are most recent and she feels that DM will ignore relatively dated medical letters despite the fact that her condition is ongoing.
I feel she should include even the dated letters as it provides a valid picture of her ongoing condition and highlights how chronic her pain and discomfort has become over the years.

Another issue is what kind of letters to include. Mum has a lot of more letters that i think she should include but she is worried as these letters focuses on other aspects of condition e.g. excessive foul flatulence rather than her main complaint (severe abdominal pain) which the letters do highlight but very briefly. She is scared that DM will assume that foul flatulence is her main complaint and ignore her main issues with severe abdominal pain.

What do you think we should do? She is freaking out so much and i just want to reassure her a little bit. Should we include relatively dated letters? And how you do think the DM will perceive letters that focuses on combination of health issues (some severe, some less severe) or will that take the focus away from the main health complaint.

Sorry for rambling on, it’s just that her form is due in next Friday and we’re just realising that how tricky this form is. Her condition doesn’t fit into those tick boxes. I’m just scared, really scared.

We would appreciate any advise on this matter!

I don't think that there is a definitive answer to your question as to what, and the amount of supporting evidence to submit with an ESA50. It could be argued that not enough could be detrimental to a successful WCA, but on the other hand too much (irrelevant) evidence may be construed as an attempt to over-egg the pudding.

Please also be aware that the burden of proof rests with the DWP to prove in a continuing entitlement case, that on the totality of the evidence your mother is not entitled to the allowance, and not for your mother to prove that she is entitled to the allowance.

Thank you all for responses, they have totally calmed me down.


My mother takes tramadol and amitriptyline for her pain, they don't really work but the amtripylene makes her seriously drowsy. We are hoping to fit this the form somewhere.

Highlighting the relevant medical information is a really good idea, we will be definitely doing this.


Her ESA50 form deadline is for the 23rd but we're hoping to send it off by the 19th.

Thank you so much for your supportive responses

Blackout wrote:

Thank you all for responses, they have totally calmed me down.


My mother takes tramadol and amitriptyline for her pain, they don't really work but the amtripylene makes her seriously drowsy. We are hoping to fit this the form somewhere.

Highlighting the relevant medical information is a really good idea, we will be definitely doing this.


Her ESA50 form deadline is for the 23rd but we're hoping to send it off by the 19th.

Thank you so much for your supportive responses

Hi B,

I am glad to hear that you feel a bit better now, with regard to completing the ESA50.

If Mum suffers such side effects from the medication, this could have implications in the following.

Moving around, risk of falls, the need for supervision indoors and out doors, risk of falls, confusion, poor awareness of hazards, poor concentration, plus much more.

As I said make a list of all limitations caused by Mum's condition, and any medication side effects, and see how they apply to the questions in the ESA50.

cheers

bro58