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COPY OF ESA50 03/11 TO DWP
- mumsgirl
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12 years 9 months ago #61792 by mumsgirl
COPY OF ESA50 03/11 TO DWP was created by mumsgirl
I've just sent my ESA50 03/11 to ATOS and I think I read somewhere recently here (but I can't find it!) that someone was applying for DLA and was advised to send a copy to the DM. Could you please tell me if that applies to ESA as well? should I send a copy to the DM? Why are people being advised to do this, is it because the DM doesn't usually get to see it, just the medical report from ATOS? Also my mental health advisor has advised me to apply for DLA, when would be the best time to do this? After I get the ESA medical and results out of the way? Also, if I fail the ESA can I still apply for DLA? thanks guys
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- bro58
12 years 9 months ago #61794 by bro58
Replied by bro58 on topic Re:COPY OF ESA50 03/11 TO DWP
mumsgirl wrote:
Yes I would send a copy of your ESA50 to the DWP DM dealing with your claim, at your benefits office.
Also include any other evidence that you have, the ESA50 is an important part of your WCA, and the DM must take all evidence put in front of them into account, it is the DM who actually makes the decision on award of ESA.
As for DLA, this is a different benefit with different criteria. however any conflicting evidence from your ESA50 or face to face assessment report. could be used to deny you a DLA award.
As always keep your own copies of everything.
I've just sent my ESA50 03/11 to ATOS and I think I read somewhere recently here (but I can't find it!) that someone was applying for DLA and was advised to send a copy to the DM. Could you please tell me if that applies to ESA as well? should I send a copy to the DM? Why are people being advised to do this, is it because the DM doesn't usually get to see it, just the medical report from ATOS? Also my mental health advisor has advised me to apply for DLA, when would be the best time to do this? After I get the ESA medical and results out of the way? Also, if I fail the ESA can I still apply for DLA? thanks guys
Yes I would send a copy of your ESA50 to the DWP DM dealing with your claim, at your benefits office.
Also include any other evidence that you have, the ESA50 is an important part of your WCA, and the DM must take all evidence put in front of them into account, it is the DM who actually makes the decision on award of ESA.
As for DLA, this is a different benefit with different criteria. however any conflicting evidence from your ESA50 or face to face assessment report. could be used to deny you a DLA award.
As always keep your own copies of everything.
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- smc
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12 years 9 months ago #61795 by smc
Replied by smc on topic Re:COPY OF ESA50 03/11 TO DWP
Why should we send a copy of the ESA50 to the DM at the local office to you?
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- Gordon
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12 years 9 months ago #61796 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:COPY OF ESA50 03/11 TO DWP
smc wrote:
To my mind one of the major issues raised by the Harrington report last year, was that Decision Makers at the time, were only overturning the recommendation of the ATOS HCP on average 2% of the time. For this to be true they would have to be weighting the contents of the ATOS report far higher than evidence or submission by the claimant.
DM's are obliged to read all correspondance related to a claim, by sending your evidence earlier in the process you are ensuring that it is read in isolation from the subsequent ATOS report. Whether it is good or bad, you are consequently setting an expectation with regard to that ATOS report, which it will hopefully be challenged to meet.
In short attack is often the best form of defence.
Gordon
Ultimately the decision lies with the individual and certainly the perceived need to do this has possibly lessened over the last few months.Why should we send a copy of the ESA50 to the DM at the local office to you?
To my mind one of the major issues raised by the Harrington report last year, was that Decision Makers at the time, were only overturning the recommendation of the ATOS HCP on average 2% of the time. For this to be true they would have to be weighting the contents of the ATOS report far higher than evidence or submission by the claimant.
DM's are obliged to read all correspondance related to a claim, by sending your evidence earlier in the process you are ensuring that it is read in isolation from the subsequent ATOS report. Whether it is good or bad, you are consequently setting an expectation with regard to that ATOS report, which it will hopefully be challenged to meet.
In short attack is often the best form of defence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
12 years 9 months ago #61797 by bro58
Replied by bro58 on topic Re:COPY OF ESA50 03/11 TO DWP
smc wrote:
Hi SMC, you do not have to send a copy to the DM, however he is not medically qualified, and has to decide if it is most probable that you fit the decsriptors and ESA regs.
Therefore the more compelling evidence that you put in front of the DM the more chance you have of receiving a correct assessment.
Also it has become evident that in some cases the ATOS HCP is not reading the ESA50 and added evidence, so you are just ensuring that the DM has plenty of time to go over your ESA50 and any extra evidence.
It could even result in an award without the need of a face to face. (I Wish)
Why should we send a copy of the ESA50 to the DM at the local office to you?
Hi SMC, you do not have to send a copy to the DM, however he is not medically qualified, and has to decide if it is most probable that you fit the decsriptors and ESA regs.
Therefore the more compelling evidence that you put in front of the DM the more chance you have of receiving a correct assessment.
Also it has become evident that in some cases the ATOS HCP is not reading the ESA50 and added evidence, so you are just ensuring that the DM has plenty of time to go over your ESA50 and any extra evidence.
It could even result in an award without the need of a face to face. (I Wish)
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- smc
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12 years 9 months ago #61799 by smc
Replied by smc on topic Re:COPY OF ESA50 03/11 TO DWP
Thanks Gordon, that is very interesting!!
I guess the difference is that it used to be the local office who sent you the forms to and it was them who you sent it back to, it didn't come or go to ATOS directly as it does now.
Yep I think it might be well worth me popping a copy in the post to the local office.
I guess the difference is that it used to be the local office who sent you the forms to and it was them who you sent it back to, it didn't come or go to ATOS directly as it does now.
Yep I think it might be well worth me popping a copy in the post to the local office.
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