Supporting evidence when migrated from IB to ESA

Fedup wrote:

I think Derek is right! Cd's link worked for me earlier but I have tried every which way and nothing is working now!

Hi Rachel. I should just make it clear that I was joking; the CPAG site is always very slow. I'd put it down to the tens of thousands of claimants having their benefits stopped and needing legal advice.

Thanks CD for the link - very informative.

It's working again!

I have copies of supporting evidence for my son re ESA50 migration from some years ago via medical records access request and assessment of special educational needs.But I note from WCA handbook that doctor to doctor letters/reports are regarded as unauthorised. Also one letter/report is marked CONFIDENTIAL and cannot be used in considering claim.
I have also seen my sons GP who is supportive and has offered to look out any relevant evidence from his records for us to look at at next appt. If any of this falls in above categories do I and/or the GP need to get permissions from all the authors of the letters/reports? Also, for more recent evidence have sent letter requests to learning disability team and community mental health team for relevant documents,in light of above would I be better off asking for a letter summarising my sons problems in context of descriptors from them?

slegne wrote:

I have copies of supporting evidence for my son re ESA50 migration from some years ago via medical records access request and assessment of special educational needs.But I note from WCA handbook that doctor to doctor letters/reports are regarded as unauthorised. Also one letter/report is marked CONFIDENTIAL and cannot be used in considering claim.
I have also seen my sons GP who is supportive and has offered to look out any relevant evidence from his records for us to look at at next appt. If any of this falls in above categories do I and/or the GP need to get permissions from all the authors of the letters/reports? Also, for more recent evidence have sent letter requests to learning disability team and community mental health team for relevant documents,in light of above would I be better off asking for a letter summarising my sons problems in context of descriptors from them?

Hi S,

With regards to obtaining medical records, see the inforamtion in our FAQ's from this link :

Requesting your medical records

With regards to your question at the bottom of your post.

It will of course help for any treating HCP's to provide supporting documentation with regards to your son's medical conditions.

However, as it is the limitations/disabilities, resulting from said medical conditions that qualify a claimant for ESA, it should be even more beneficial, if documentation was provided also to indicate how said limitations qualify your son for an award of ESA with respect to the relevant descriptors, and on a day to day basis.

bro58

I would like to clarify part of my previous posting. My son has received an ESA50 form for migration from IB to ESA. In terms of supporting evidence, I already hold numerous medical letters/reports concerning his condition. A lot of these are written from doctor to doctor and not addressed to my son. The WCA handbook (4.2.3) seems to class this as void info unless youve got permission of the author of the letter to give it to a third party.
Also, the handbook (4.2.4) says on one hand, any letter marked 'confidential' cannot be considered,yet if presented to be read its assumed that the authors permission has been obtained. Any thoughts?

slegne wrote:

I would like to clarify part of my previous posting. My son has received an ESA50 form for migration from IB to ESA. In terms of supporting evidence, I already hold numerous medical letters/reports concerning his condition. A lot of these are written from doctor to doctor and not addressed to my son. The WCA handbook (4.2.3) seems to class this as void info unless youve got permission of the author of the letter to give it to a third party.
Also, the handbook (4.2.4) says on one hand, any letter marked 'confidential' cannot be considered,yet if presented to be read its assumed that the authors permission has been obtained. Any thoughts?

Hi S,

You have several options, which could include :

Not submitting the evidence.

Trying to gain permission from the author of the letter's permission.

Submitting the evidence and waiting to see whether ATOS/DWP class it as inadmissable.

On a personal note I obtained many letters, reports, etc from my consultants to my G.P. and vice versa, including referals to X-Rays and MRI's and the resulting reports.

I submitted all the above as evidence with my ESA50, sending copy to ATOS and the ESA Decision Maker at the same time by recorded delivery.

None of it was challenged as being inadmissible.

It should be taken into account, that nearly all medical information about a patient is classed as "confidential".

It is a decision that only you can make.

If you wish to gain legal advice on this :

See Here :

www.legalservices.gov.uk/public/community_legal_advice.asp

And Here :

legaladviserfinder.justice.gov.uk/AdviserSearch.do

Just to add, to avoid any worry in the future, you can request that your son's consultants copy you in on any letters etc sent to another HCP such as your G.P., this can be done verbally, without having to fill out any forms.

You should then receive a copy addressed to you(or your son). I have been doing this in recent times,as it saves me having to access them from my G.P. records.


bro58