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Renewal of ESA Claim

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13 years 2 months ago #43677 by marie4543
Renewal of ESA Claim was created by marie4543
Hi

I was awarded ESA and the medical report states I could consider a return to work in 6 months time which ended last month. Today I have received another ESA50 to complete and I have a few queries.
I complained about the initial medical as there were many errors in it. After a long wait they wrote back and said that while they feel the majority of the medical was carried out correctly, they did feel that I should have been given a longer period then 6 months before a return to work should be considered. In light of this do you feel I should mention this fact? Since my last application for ESA I have been diagnosed with chronic osteoarthritis in my knee but it also affects my hip and back. Do I mention this in the renewal or do I need to start a fresh claim? The last point (phew) is that the letter states any medical notes or other documents should be sent to DWP and not to Atos. I have photocopied all my letters from the doctors and hospital. Would you send a copy to both parties? Many thanks in advance for any assistance you can offer. Marie

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13 years 2 months ago #43694 by Gordon
Replied by Gordon on topic Re:Renewal of ESA Claim
marie4543

The return to work dates are simply opinions offered ny the ATOS HCP, and as such can be adhered to, or ignored by the DWP as they see fit.

That said, given that the DWP agreed a longer period was reasonable after your complaint, I would certainly mention it to your advisor, if you have it, sending a copy of the revised opinion, would undoubtedly help.

I believe, and I'm sure someone will correct me if I am wrong :) that you do not need to start a new claim for your new condition. This would only be the case if you had previously been refused ESA and less than six months had elapsed since the decision.

So yes, include details of how it affects you on the ESA50, assuming you still need to complete it.

Personally, I would send copies to just the DWP, unless you already have a date for your medical, in which case, I would send it to ATOS as well.

Hope this helps

Gordon

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

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13 years 2 months ago #43822 by marie4543
Replied by marie4543 on topic Re:Renewal of ESA Claim
:) Many thanks for your advise. I appreciate it.

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