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The dreaded ESA review letter

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12 years 8 months ago #64763 by Feelinghopeless
The dreaded ESA review letter was created by Feelinghopeless
Hi,

(my husband has worded this note because I am in too much of a panic about it, but all views expressed are my own).

I have just received a letter to say that Atos will be sending me a review questionnaire regarding my ESA benefit. I need advice about what information to enclose with the questionnaire.

In January 2010 I was diagnosed with various mental illnesses. I was under a psychiatrist and referred to the community mental health team (CMHT)and admitted to a therapeutic community day service which I still attend and have been maintained on medication since (for life). I have been receiving ESA (and DLA) for just over a year now. My psychiatrist has since left her post, but due to a relapse of my illness the CMHT have referred me back to the locum psychiatrist so that I can then be referred to a community psychiatric nurse in addition to all my other therapy.

Now what I need to know is, what do I enclose with my questionnaire? I have numerous letters from the CMHT, the psychiatrist, hospital admission summaries, court reports, occupational health reports all supporting me and confirming the severity of my illness. This information takes me up to my last serious hospital admission last August. Is that information now out of date?

More recently I have been reviewed by CMHT about my difficulties (it is a two year therapy course and after one year, they send a review to the GP) and they are willing to do a letter of support re ESA review. I am also due to see the new psychiatrist on 8th September.

So in summary,

1) Do I enclose all the information I have since January 2010 or

2) Do I only enclose information relating to this year and my current situation (i.e await psychiatric report after my appointment on 8th September

3) Is there a place on this site that deals with actually filling out the questionnaire itself?

Thanks you so much for reading this far :)

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  • bro58
12 years 8 months ago #64766 by bro58
Replied by bro58 on topic Re:The dreaded ESA review letter
Mel wrote:

Hi,

(my husband has worded this note because I am in too much of a panic about it, but all views expressed are my own).

I have just received a letter to say that Atos will be sending me a review questionnaire regarding my ESA benefit. I need advice about what information to enclose with the questionnaire.

In January 2010 I was diagnosed with various mental illnesses. I was under a psychiatrist and referred to the community mental health team (CMHT)and admitted to a therapeutic community day service which I still attend and have been maintained on medication since (for life). I have been receiving ESA (and DLA) for just over a year now. My psychiatrist has since left her post, but due to a relapse of my illness the CMHT have referred me back to the locum psychiatrist so that I can then be referred to a community psychiatric nurse in addition to all my other therapy.

Now what I need to know is, what do I enclose with my questionnaire? I have numerous letters from the CMHT, the psychiatrist, hospital admission summaries, court reports, occupational health reports all supporting me and confirming the severity of my illness. This information takes me up to my last serious hospital admission last August. Is that information now out of date?

More recently I have been reviewed by CMHT about my difficulties (it is a two year therapy course and after one year, they send a review to the GP) and they are willing to do a letter of support re ESA review. I am also due to see the new psychiatrist on 8th September.

So in summary,

1) Do I enclose all the information I have since January 2010 or

2) Do I only enclose information relating to this year and my current situation (i.e await psychiatric report after my appointment on 8th September

3) Is there a place on this site that deals with actually filling out the questionnaire itself?

Thanks you so much for reading this far :)


Hi Mel,

Have you read all the ESA guides in the orange "Members Only" area on the left, they are excellent.

I would enlose any extra medical information that you feel is pertinent to your limitations, even if they are quite old.

The DWP/ATOS are saying in some cases that any evidence over 6 months old, will not be used.

The DM is still supposed to take all evidence put before him into account.

Hope this helps

bro58

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12 years 8 months ago #64824 by Feelinghopeless
Replied by Feelinghopeless on topic Re:The dreaded ESA review letter
Hi,

Thanks for that advice. I have looked at the members only section at the questionnaire. I had assumed that this was a review as I am already in receipt of ESA, but looking at the questionnaire does this mean that they are treating this like a new claim, regardless of my original claim? I was so distressed when I had the medical that the very nice nurse I saw wanted to get the medical over with because she could see how distressed I was. Will that be taken into consideration, or is it really all starting from scratch?

thanks

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12 years 8 months ago #64825 by Gordon
Replied by Gordon on topic Re:The dreaded ESA review letter
Mel

As you have already established Limited Capability for Work (LCW), the onus should be on the DWP to prove that you no longer have LCW, however, you cannot assume that you do not need to make as much effort as you did the last time.

Remember, this is an evaluation of you health now, so whilst you previous medical reports are still of value, the more up to date the information the better.

Can you solicit reports from your current doctors and nurses? It may be worth you looking at your medical records, held at your GP practice, as these will contain any correspondance concerning your conditions.

If you have more questions, please come back to the forum.

Gordon

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

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12 years 8 months ago #64827 by Feelinghopeless
Replied by Feelinghopeless on topic Re:The dreaded ESA review letter
Thank you Gordon. I have copies of everything right up to a court report in January, my CMHT review from June, and my recent referral letter to the psychiatrist. A friend told me that there is quite a long deadline in returning the questionnaire by which time I will have seen my psychiatrist in September. I also have a supporting letter from my therapy group. I will make an appointment with welfare rights after my psych. appointment and she can help me fill out the questionnaire and I will give her all the copies of reports I have.

Thanks for all the advice. It has made me take it more seriously.

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12 years 8 months ago #64829 by Crazydiamond
Replied by Crazydiamond on topic Re:The dreaded ESA review letter
Mel wrote:

Hi,

Thanks for that advice. I have looked at the members only section at the questionnaire. I had assumed that this was a review as I am already in receipt of ESA, but looking at the questionnaire does this mean that they are treating this like a new claim, regardless of my original claim? I was so distressed when I had the medical that the very nice nurse I saw wanted to get the medical over with because she could see how distressed I was. Will that be taken into consideration, or is it really all starting from scratch?

thanks


Where the burden of proof rests with the Secretary of State and not with the claimant in an ESA continuing entitlement case, please see my response regarding medical evidence in this thread HERE.

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

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