× Members

Taking copy of your ESA50 to the Assessment.

  • bro58
  • Topic Author
12 years 8 months ago #64146 by bro58
Crazydiamond wrote:

bro58 wrote:

Hi,

Had my IB to ESA migration letter, 12 days ago, so I am expecting the ESA50 to arrive in the next 7 to 10 days.

I am trying to foresee any problems before they may arise.

Advice on B&W, is to take copy of your ESA50 to your assessment, which my companion intends to do.

On the premise that you have evidence that your ESA50 has arrived at ATOS, by the deadline, and you have no fresh evidence to add, what is the benefit of doing this?.

My companion intends to take notes, and covertly record the assessment, they will also have copy of relevant extracts of the WCA Handbook with them to refer to.(e.g. HCP should have read ESA50+Evidence)

The companion will ask the HCP whether they have read the ESA50, and if they have copy of it to hand.

Their reply will be recorded in writing, and on audio.

So, what if they answer "NO", should copy of the ESA50 be thrust upon them?, if so what is the benefit in doing this?.

Hope you understand what I'm getting at here.

cheers

bro58


There is absolutely no point in taking the ESA50 to the medical assessment as it should be on the file, and in accordance with the recommendations after the Harrington review the ADA should have read it.

More importantly, following the Harrington review, the ADA now has to attach a personalised summary of the assessment to the ESA85 and has to comment as to why the evidence supplied on the ESA50 and at the assessment itself is either consistent or inconsistent with his/her findings, which would be impossible to achieve without the ESA50!


Thanks CD,

This is why I could not see any benefit to taking the ESA50 to the assessment,once you are sure they have received it,hence my questions.

I am aware of the new PSS, ESA85S.

So where do we stand if the HCP admits that they have not read the ESA50, before starting the assessment, and we have audio evidence of their negative response?.

Could they get away with saying they referred to the ESA50 after the assessment, and when the claimant had left?.

cheers

bro58

Please Log in or Create an account to join the conversation.

  • Andy
12 years 8 months ago #64195 by Andy
Crazydiamond wrote:

...following the Harrington review, the ADA now has to attach a personalised summary of the assessment to the ESA85 and has to comment as to why the evidence supplied on the ESA50 and at the assessment itself is either consistent or inconsistent with his/her findings, which would be impossible to achieve without the ESA50!

Can I ask when this came into force?

The ADA who did my assessment claimed she had read my ESA50 just before we started. Yet she did not ask me any questions based on what I'd written and made no reference to it in the ESA85. And then gave me zero points.

Please Log in or Create an account to join the conversation.

More
12 years 8 months ago #64196 by Gordon
Andy wrote:

Can I ask when this came into force?

The ADA who did my assessment claimed she had read my ESA50 just before we started. Yet she did not ask me any questions based on what I'd written and made no reference to it in the ESA85. And then gave me zero points.

It''s from 06/06/11, see the following thread

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=63504

Gordon

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

Please Log in or Create an account to join the conversation.

More
12 years 8 months ago #64199 by Towser
As far as im aware if you covertly record the medical and the HCP finds out your medical can be teminated.
This if not realised can only be for you own use and is not in the public domain.
I stand corrected.

Please Log in or Create an account to join the conversation.

  • bro58
  • Topic Author
12 years 8 months ago #64201 by bro58
Towser wrote:

As far as im aware if you covertly record the medical and the HCP finds out your medical can be teminated.
This if not realised can only be for you own use and is not in the public domain.
I stand corrected.


Thanks for the warning T, I,m well aware of the implications of covert recordings.

However, my companion will be doing it with specific equipment, so on the premise that they don't carry out a body search, all should be O.K.

Further a transcript can be made and used at a Tribunal Hearing, and if the panel so wish they can even listen to the actual recording as evidence.

cheers

bro58

Please Log in or Create an account to join the conversation.

More
12 years 8 months ago #64205 by Towser
At the end of the day preparation and guidance, allowing yourself time to prepair and eventually submit in a reasonable manner the reasons why you object/disagree.
Thought and advice, never underestimate asking for help.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.