Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: Medical evidence

Medical evidence 6 years 2 months ago #68703

Hi,

Can I have some advice as to what to do next? I am in the IB to ESA Reassessment phase. Everything has been back to front with me!

To make it brief, I received my ESA50 form and requested an extension in the date. I received it, but before the extension was up I got a date for the Medical which I had to attend. I was told by ATOS just to hand in my ESA50 form and medical evidence then.

I had the Medical Examination by a nurse and I know I failed although my husband and I knew what to expect because we had studied the excellent B&W guides in depth. I could never have passed her 40 minutes of deep, prying questions into all aspects of my personal life as my illness (fibromyalgia) just does not fit their criteria for disability.

Anyway, I gave the nurse my ESA50 form and additional medical evidence but she didn't want to take it. She said she didn't even know what to do with it but I insisted that is what I had been told to do.

I have not received a decision yet and I now have some additional medical evidence I want to submit. I just called the DWP who first said I had to send it to ATOS. I said that I didn't think they made the final decision and asked for the address of the DWP office making the decision. I now have the address for Glasgow.

However, the lady I spoke to at the DWP said that I should ring ATOS and ask for the result of the medical examination first because if I didn't score enough points then I might as well hold onto the evidence for any appeal!

I now don't know what to do - is there any point in my sending in additional medical evidence at this stage - and, if so, to whom?

Thanks.

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

Re:Medical evidence 6 years 2 months ago #68711

marcali

I'm afraid this is another case of the DWP talking rubbish :angry:

You should send your evidence to the DWP Decision Maker as you originally planned. Make sure each page has your name and National Insurance number on the top.

From your post, it would seem that the ATOS "doctor" did not read your ESA50, this is in breach of their procedures, so it may be worth mentioning this to the DM.

ATOS play no part in the decision process, and once a medical is held, they return all of your files to the DWP and play no further part in the Decision unless requested to by the DWP.

Gordon

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

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

Re: Medical evidence 6 years 2 months ago #68712

hi if i was you i would get photo copies of everything along with your esa50 form and send it with a covering letter explaining every thing to atos as they will need the form back hope this helps you and good luck jackie

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

Re:Medical evidence 6 years 2 months ago #68730

I'm afraid this is another case of the DWP talking rubbish :angry:

You should send your evidence to the DWP Decision Maker as you originally planned. Make sure each page has your name and National Insurance number on the top.

From your post, it would seem that the ATOS "doctor" did not read your ESA50, this is in breach of their procedures, so it may be worth mentioning this to the DM.

Gordon


Thanks for that, Gordon. I thought they were talking rubbish, too. I don't know what I would do without this Forum as it is the only place to get clear advice every step of the way!

I will send my additional Medical Evidence to the DWP Decision Maker and I will also mention in my letter that I had to hand in my ESA50 form at the Medical Assessment itself and that the nurse! only scanned through the Additional Medical Reports I submitted, and not the actual ESA50 form. Should I say in my letter that this is in breach of their procedures?

This is assuming that the ESA50 form has made it to the Decision Maker in the first place! It would not surprise me if it were still sitting at the Medical Assessment Centre I went to last week!

One other thing the lady from the DWP just said to me is that Atos should have the ESA50 form first so that they can assign someone familiar with my illness to do my Assessment. Obviously, in my case that wasn't going to happen.

At the Assessment, I asked the "Fully Qualified Healthcare Professional" as the DWP now calls them ("nurse" to you and me) how our cases were allocated and why she was dealing with mine and she said they just take them as they come up!

As a sideline, my husband is a biomedical scientist in a hospital lab. If he gets made redundant with the austerity measures, as a "Fully Qualified Healthcare Professional" maybe he could apply to do Atos assessments! Scary, isn't it?!!! :S

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

Re:Medical evidence 6 years 2 months ago #68740

marcali

If you're unsure that the ATOS "doctor" will have included your ESA50 in the DWP file, then there is no reason why you should include another with the evidence you are submitting.

You can certainly comment, that it was your understanding that the "doctor", should read the ESA50 before the medical, to ensure that they were faniliar with your conditions, and that this did not happen.

In the majority of cases the "doctor" is allocated on a first come, first served basis. A doctor will be used in preference to a nurse for certain conditions, but not consistently, and a minority of cases will be looked at by someone with a background in a relevant field.

Good luck.

Gordon

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

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

Re:Medical evidence 6 years 2 months ago #68789

Gordon wrote:

In the majority of cases the "doctor" is allocated on a first come, first served basis. A doctor will be used in preference to a nurse for certain conditions, but not consistently, and a minority of cases will be looked at by someone with a background in a relevant field.


There is a belief throughout my local Support Group that you are supposed to be seen by a "doctor" who specialises in our condition and that if you are not then you can insist on not going through with the medical until such time.

Is this just an urban myth then?

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

  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs Hurtyback