Request to decision maker

Can you request that the decision maker seek evidence from your GP and Consultants ect when making a decision about your eligibility for ESA.

If your request is ignored do you then have a case that the correct procedure has not been followed if your case should go to tribunial.

How should the request be worded and when should it be made.

headinawheelchair wrote:

Can you request that the decision maker seek evidence from your GP and Consultants ect when making a decision about your eligibility for ESA.

If your request is ignored do you then have a case that the correct procedure has not been followed if your case should go to tribunial.

How should the request be worded and when should it be made.

Hi,

Although you can request on the application form that the Decision Maker (DM) contacts your GP/Consultant etc they are under no obligation to do so. They are free to make a decision on your claim using evidence which could for example be your completed claim form and an ATOS medical (or even just the claim form).

However there is nothing to stop you seeking reports from your GP/Consultant (if they are willing to write one) which could either be sent with your claim or used later at a reconsideration or tribunal if needed. The only drawback is you may have to pay for these reports as they outside of the usual NHS Contracts if completed at the request of the claimant.

Pete

pete17971 wrote:

headinawheelchair wrote:

Can you request that the decision maker seek evidence from your GP and Consultants ect when making a decision about your eligibility for ESA.

If your request is ignored do you then have a case that the correct procedure has not been followed if your case should go to tribunial.

How should the request be worded and when should it be made.

Hi,

Although you can request on the application form that the Decision Maker (DM) contacts your GP/Consultant etc they are under no obligation to do so. They are free to make a decision on your claim using evidence which could for example be your completed claim form and an ATOS medical (or even just the claim form).

However there is nothing to stop you seeking reports from your GP/Consultant (if they are willing to write one) which could either be sent with your claim or used later at a reconsideration or tribunal if needed. The only drawback is you may have to pay for these reports as they outside of the usual NHS Contracts if completed at the request of the claimant.

Pete

I was under the impression that the onus was on the Decision Maker to seek all evidence regarding ESA claims.

headinawheelchair wrote:

pete17971 wrote:

headinawheelchair wrote:

Can you request that the decision maker seek evidence from your GP and Consultants ect when making a decision about your eligibility for ESA.

If your request is ignored do you then have a case that the correct procedure has not been followed if your case should go to tribunial.

How should the request be worded and when should it be made.

Hi,

Although you can request on the application form that the Decision Maker (DM) contacts your GP/Consultant etc they are under no obligation to do so. They are free to make a decision on your claim using evidence which could for example be your completed claim form and an ATOS medical (or even just the claim form).

However there is nothing to stop you seeking reports from your GP/Consultant (if they are willing to write one) which could either be sent with your claim or used later at a reconsideration or tribunal if needed. The only drawback is you may have to pay for these reports as they outside of the usual NHS Contracts if completed at the request of the claimant.

Pete

I was under the impression that the onus was on the Decision Maker to seek all evidence regarding ESA claims.

Hi,

No. if a DM believes they have enough evidence to make a decision within the law on a particular benefit claim, they can make such a decision based on the evidence they have. It is immaterial whether the evidence includes (or not) reports from your consultant etc.

Hence if they believe they can make a decision just on your claim form, or your claim form and an Atos medical then they can do so.

If they cannot make a decision from that they can obtain evidence from elsewhere but it does not necessarily have to be the consultant you specify on your claim form although of course they may do so.

Pete