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TOPIC: ESA85A FORM

ESA85A FORM 6 years 2 months ago #68890

hello, me again.

today i recieved my copy of the ESA85A form. the report was filled in by a registered nurse, not a doctor.

the report is completely based on the ESA113 form filled in by my GP, with no mention of the ESA50 that I filled in.

i have mental health issues in that i am bipolar & have a personality disorder.
i also have me/cfs.

the report states that the claimed level of disability is consistent with the evidence in the ESA113 form.

the prognosis is that they advise that a return to work could be considered within 6 months. im shocked! the 113 indicates that the client may return to work in the shorter term.

it says the 113 suggests the client has a significant level of disability due to personality disorder that they would have limited capacity for work.
then, the available evidence does not suggest there would b a substantial mental or physical risk if the client were found capable of work-RELATED ACTIVITY.

it also reports on-going problems with fatigue, low mood & anxiety - affecting ABILITY TO GO OUT, is taking anti depressants & anti-psychotic, has psychiatric input.
yet they never contacted my psychiatrist for a report!

it then states the 113 does not indicate mental health risk.
surely the anxiety i suffer meeting new people & how this affects my ABILITY TO GO OUT shows that i would not b able to take part in work-RELATED ACTIVITY without a substantial mental risk?

it then contradicts itself again by saying that the evidence does not suggest that that i have a mental disorder where my behaviour in a workplace would b unreasonable or that i could not cope with change to the extent that my daily life could not b managed or that engaging in any social contact due 2 difficulty relating to others would cause me distress.

sorry i wont list every point here but i just wanted 2 point out that the whole form seemed based on my gp's 113 report about my mental condition & not my me/cfs & even that contradicts itself. my whole ESA50 form where i list all my physical problems seems totally disregarded.

1 last thing is that the second page is blank except for a header that says "harmful information, not to be copied to the client"
yet at the bottom of the first page it says "i can confirm that there is no harmful information in the report other than indicated"
so which is it? is there supposed harmful info being kept from me or not?
& am i not allowed 2 c all info on me by the data protection act, harmful or not?

i just dont know what 2 do now, 2 appeal or not, my heads spinning.

would love any advice & comments please, i dont know what i would do without this wonderfull site.

martin

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Re:ESA85A FORM 6 years 2 months ago #68900

Martin

Harmful Information
Harmful information is anything that would be considered harmful to a patient’s health, if they were to become aware of it, (e.g. a diagnosis of a malignancy). This may be legally withheld from a patient and would not be released by DWP.

If your report included Harmful Information then it would have been redacted, to hide or remove said information from your copy.

I hope you'll understand that any decsion to appeal must be yours, we can only advise what your options are, not what is best for you. See here .

Gordon

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

Re:ESA85A FORM 6 years 2 months ago #68903

gordon

yes i understand that.
i just wanted 2 let other members know the type of information that was in my copy of the ESA85A report & how contradictory it was.

can i ask tho if u know if its legal for them 2 remove what they think is harmful info? dont i have a legal right 2 c all info held on me by the data protection act?

i also posted on the forum with a thread titled (i think)"work-related activity", but i dont c it. was it deleted for sum reason?

many thanks

martin

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Re:ESA85A FORM 6 years 2 months ago #68909

Martin

The Data Protection Act exempts from disclosure any information of this nature where disclosure “would be likely to cause serious harm to the physical or mental health or condition of the data subject or any other person.”

Whilst this is usually only the case in the most serious of situations, release of the information can require the authorisation of a Health Care Professional.

With regard to your missing thread, is this the one you are referring to.

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=68758#68885

Gordon

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

Re:ESA85A FORM 6 years 2 months ago #68915

Gordon

yes that was the missing thread i was referring to, i posted it as a reply by mistake. iv posted as a new thread now thanks.

thanks for the info on the data protection act. i wonder what was written that would cause me such serious harm that i cant c it. guess i'l never know then if thats the rules.

can i ask u based on the points iv stated above do u agree that the evidence on the ESA85A form seems contradictory?

& the fact that it looks like its entirely based on the 113 form is unfair? (there is no mention of the ESA50 form i filled in & they did not get a report from my psychiatrist only my gp)
there is also no mention of my physical health (me/cfs), only my mental health.

thanks again for any advice given folks

martin

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Re:ESA85A FORM 6 years 2 months ago #68916

  • originaldave
greeneyedlad wrote:

hello, me again.

today i recieved my copy of the ESA85A form. the report was filled in by a registered nurse, not a doctor.

the report is completely based on the ESA113 form filled in by my GP, with no mention of the ESA50 that I filled in.

i have mental health issues in that i am bipolar & have a personality disorder.
i also have me/cfs.

the report states that the claimed level of disability is consistent with the evidence in the ESA113 form.

the prognosis is that they advise that a return to work could be considered within 6 months. im shocked! the 113 indicates that the client may return to work in the shorter term.

it says the 113 suggests the client has a significant level of disability due to personality disorder that they would have limited capacity for work.
then, the available evidence does not suggest there would b a substantial mental or physical risk if the client were found capable of work-RELATED ACTIVITY.

it also reports on-going problems with fatigue, low mood & anxiety - affecting ABILITY TO GO OUT, is taking anti depressants & anti-psychotic, has psychiatric input.
yet they never contacted my psychiatrist for a report!

it then states the 113 does not indicate mental health risk.
surely the anxiety i suffer meeting new people & how this affects my ABILITY TO GO OUT shows that i would not b able to take part in work-RELATED ACTIVITY without a substantial mental risk?

it then contradicts itself again by saying that the evidence does not suggest that that i have a mental disorder where my behaviour in a workplace would b unreasonable or that i could not cope with change to the extent that my daily life could not b managed or that engaging in any social contact due 2 difficulty relating to others would cause me distress.

sorry i wont list every point here but i just wanted 2 point out that the whole form seemed based on my gp's 113 report about my mental condition & not my me/cfs & even that contradicts itself. my whole ESA50 form where i list all my physical problems seems totally disregarded.

1 last thing is that the second page is blank except for a header that says "harmful information, not to be copied to the client"
yet at the bottom of the first page it says "i can confirm that there is no harmful information in the report other than indicated"
so which is it? is there supposed harmful info being kept from me or not?
& am i not allowed 2 c all info on me by the data protection act, harmful or not?

i just dont know what 2 do now, 2 appeal or not, my heads spinning.

would love any advice & comments please, i dont know what i would do without this wonderfull site.

martin


every time you go to hospital they write to your GP and some copy the letter to yoy too

prognosis is never set in stone

the fact they have based there decsion on what your dr put on the form 113 is not bad some peoples 113 and atos reports are based on reading tea leaves :silly:

it might be we need a mod/expert to know for sure but if they made decsion based on 113 not esa 50 they might give that more weight than what you said

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